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[84][85] "Heterosexual sodomy" (anal and/or oral sex with an opposite-sex partner) and all same-sex sexual conduct was illegal until January 2014 when President Museveni blocked the anti-gay law. Zambia[edit] The age of consent for intercourse ("carnal knowledge") is 16, per article 138 of the penal code. [86] Article 137 reads in part as follows: (1) Any person who unlawfully and indecently assaults any woman or girl is guilty of a felony and is liable to imprisonment for fourteen years. (2) It shall be no defence to a charge for an indecent assault on a girl under the age of twelve years to prove that she consented to the act of indecency: Provided that it shall be a sufficient defence to any charge under this subsection if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe, and did in fact believe, that the girl was of or above the age of twelve years.
[69] Children under the age of 12 are conclusively presumed by the law to be incapable of consenting, so a sexual act with a child under that age constitutes rape or sexual assault. [70] History[edit] Under the Roman-Dutch common law there was a conclusive presumption that girls under the age of 12 were unable to consent to sexual intercourse. [71] This presumption can be traced back to the "old authorities" of the seventeenth century. [72] The Girls' and Mentally Defective Women's Protection Act, 1916, which replaced the differing age of consent laws of the four colonies that formed the Union of South Africa, criminalised sexual intercourse between a man and a girl under the age of sixteen unless they were married. This act was replaced by a similar prohibition in section 14 of the Immorality Act, 1957.
The common-law presumption relating to girls under 12 was replaced by a general presumption that children under 12 cannot consent. The act also fixed the age of consent at 16 for all sexual acts. In the 2008 case of Geldenhuys v National Director of Public Prosecutions, the Constitutional Court held that the former difference in the ages of consent had been unconstitutional. [73] South Sudan[edit] The age of consent in South Sudan is 18. [74][75][76][77] Spanish territories[edit] The age of consent in the Canary Islands, Ceuta, Melilla and the plazas de soberanía is 16 regardless of sexual orientation and/or gender, as of 1 July 2015, [78] as they are under Spanish sovereignty. Saint Helena, Ascension and Tristan da Cunha (United Kingdom)[edit] Age of sexual consent is 16, regardless of sexual orientation and/or gender.
Sudan[edit] Sexual intercourse outside of marriage is against the law in Sudan. [79] Tanzania[edit] The age of consent is 18 in Tanzania, as specified in article 130 of the penal code. [80] Togo[edit] As of the 2015 penal code, the age of consent in Togo is considered to be 15. [81] Art. 224: paedophilia is any sexual intercourse or touching, of any kind, committed by a person over the age of majority, without fraud, threats, coercion or violence, against a child under the age of fifteen (15) years, or any exhibition or exploitation for commercial or tourist purposes of photographs, images and sound obtained by any technical process, pornographic films or drawings depicting one or more children under the age of fifteen (15) years.
Sexual intercourse is punishable with "rigorous imprisonment" for 3–15 years. [26] The law, however, is not effectively enforced; nearly 20% of girls are married by the age of 15. Early childhood marriage is especially common in rural areas, where some girls are married as young as 7 years old. [27] French territories[edit] The age of consent in Mayotte, Reunion and the French Southern and Antarctic Lands is 15 as they are under French sovereignty. Gabon[edit] The minimum age of consent in Gabon is 15 for heterosexual activity and 21 for homosexual activity. [28] Charges can still apply in certain heterosexual situations involving minors aged 15–17. Article 258 of the Penal Code (most recently amended in 1969) states that indecent assault without violence on a person under 15 years will be punished with 3–6 years' imprisonment.
[87] Zimbabwe[edit] The age of consent in Zimbabwe is 18. [88] It was raised in 2022 from a previous age of 16, which had in turn been raised from 12. [89][90] All male same-sex hand-holding and/or male same-sex sexual conduct can lead to one year's imprisonment. [citation needed] Same-sex hand-holding is illegal. [91] Article 70 of the penal code (Sexual intercourse or performing indecent acts with young persons), in combination with article 61 which defines “young person” as “boy or girl under the age of sixteen years”.
Article 389 increases the penalties for indecent assault when committed against a child, but does not specify any particular age at which consent is negated. Art. 389: anyone guilty of indecent assault shall be punished by imprisonment of one (1) to three (3) years and a fine of one million (1, 000, 000) to three million (3, 000, 000) CFA francs or both. Indecent assault on a child shall be punishable by a term of imprisonment of between three (3) and five (5) years and a fine of between three million and five million CFA francs. If the indecent assault was committed with violence or threats against the person of a child, the penalties are five (5) to ten (10) years of rigorous imprisonment and a fine of two million (2 million) to ten million (10 million) CFA francs Tunisia[edit] The age of consent in Tunisia is 18[82][83] Law 58 (the elimination of violence against women), which came into effect in 2018, raised the age threshold for rape charges under penal code article 227 from 13 to 16 years.
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Presently, there is no defined age of consent, although sex is not allowed outside of marriage. [42] However, the law is practically never enforced due to the Libyan Civil War. Madagascar[edit] Age of consent is 14 years, according to article 331 in the Criminal Law. In certain cases, including relatives and homosexuals, it is 21 years. [43] Malawi[edit] The age of consent is 16 regardless of sexual orientation and/or gender. [44] It was raised from 13 to 16 via an Amendment to the penal code in 2011. The relevant articles are 138 (dealing with sexual intercourse) and 160 (any other sexual contact). [45] Mali[edit] The age of consent is 15 regardless of sexual orientation and/or gender.
Gambia[edit] The age of consent is 18 for females. Sexual Offenses Act of 2013, section 5: Defilement of a girl between the ages 16 and 18; A person who unlawfully has carnal knowledge of a girl between the ages of 16 and 18 commits an offence and is liable on conviction to imprisonment not exceeding 7 years. [29] It is a defense if the offender had a reasonable belief that the girl in question was 18 or older. The legal age for non-penetrative sexual contact may be 16. Section 5 requires "carnal knowledge", but section 3 (rape) applies to "sexual acts", which are defined much more broadly and include "any form of genital stimulation", committed against those under age 16.
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A child younger than 16 is considered automatically incapable of consent. However, Article 227 bis was also amended, and now prescribes 5 years' imprisonment for a sexual act committed on a minor between 16 and 18 years of age (whereas it previously applied to anyone aged 15–20). Consent does not appear to be a defense; the punishment is simply reduced if the minor is at least 16 years of age. Article 230 criminalizes sodomy. Uganda[edit] The age of consent in Uganda is 18 years, for vaginal intercourse.
This is confirmed by articles 48 (indecency with children) and 49 (unlawful sexual intercourse with children) of the Penal Code Act, 2010. A child is defined by the code as anyone under age 18, and both articles specify that consent is irrelevant. [38] Liberia[edit] The age of consent in Liberia is 18, if the offender is 18 or above. [39] Statutory rape is a first-degree rape offense which carries a maximum sentence of life imprisonment. The age of consent was raised to 18, from 16, in 2009.
Article 64 specifies that if the victim is under 12 years old the charge shall be rape. [92] In May 2022, the Constitutional Court struck down the provision setting the age of consent at 16, and set the new and current age of consent at 18. [88] See also[edit] Age of consent Age of consent reform Ages of consent in Asia Ages of consent in Europe Ages of consent in Oceania Ages of consent in North America Ages of consent in South America Sex education Comprehensive sex education References[edit] ^ "Sexual Rights Database". sexualrightsdatabase. org. Archived from the original on 2020-09-29.
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Article 464 deals with sexual assault on a person under age 15 without violence or coercion, which sets a strict minimum age of 15. Article 466 pertains to sexual assault on a minor over 15. However, this section only applies to guardians, people in a position of authority over the victim, or a person who abuses the authority conferred on him by his functions.
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The age of consent for homosexual acts ("indecent acts or acts against nature") is 21. [5] Botswana[edit] The age of consent is 18, as of the Penal Code Amendment Bill 2018. [6] Same-sex relationships have been legal since 2019. Burkina Faso[edit] The age of consent is equally set at 18 regardless of gender. Section 533-4 of the penal code criminalizes "indecent assaults" against minors at least 15 but less than 18. Section 533-19 makes it illegal to incite to debauchery or promote the corruption of minors.
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Sexual interference with a child 135. (1) A person who commits an act of indecency towards another person who is under the age of fifteen years is guilty of an offence and liable to imprisonment for 20 years:... (2) A person is not guilty of an offence under this section if at the time of the offence the victim of the act of indecency was- (a) fourteen years old or older and the accused had reasonable ground to believe that the victim was over fifteen years old; or (b) the spouse of the accused. Section 135 amended by Act 5 of 2012 with effect from 6 August 2012.
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