There are 13 countries that do not have a legal age of consent, and people in those countries can only engage in sexual activity if they are married. These countries have a predominant Islamic population. These include Sudan and Libya in Africa, Iran, Afghanistan, Kuwait, Maldives, Pakistan, Oman, Palestine, Saudi Arabia, Qatar, the United Arab Emirates and Yemen. Article 103 regulates any type of sexual activity with minors under the age of 15 (or minors under the age of 18 who are unable to understand the legal significance and consequences of such acts) such as the sexual abuse of children. [24] In 2020, it was proposed to raise the age of consent after a scandal in Yantai City. [46] [47] The legal age at which a person can consent to sexual intercourse in Nigeria is 11. This consensus age is the lowest in the world. The Philippines and Angola follow closely behind, with the age of consent in both countries being 12. In almost all Australian territories, including the Australian Capital Territory, New South Wales, Northern Territory, Queensland, Victoria and Western Australia, the age of consent in Australia is 16. However, two Australian territories, Tasmania and South Australia, have raised the age of consent to 17. As in many countries, the age of consent increases to 18 if the oldest participant is in a position of care or authority (teacher, guardian, clergy, etc.) over the minor participant. Many jurisdictions have age-related exceptions that also vary by region. There is no age of consent in Pakistan.
All sexual activity in Pakistan is illegal until marriage. The minimum age of marriage is 18 for men and 16 for women. In some cases, women are allowed to marry at the age of 14. Once two people are married, their age is no longer an issue and sex is legal. Consensual same-sex relations are criminalized in Pakistan. Articles 337 to 338 of the same 1997 Anti-Rape Act define the offence of “simple seduction”; This requires obtaining the consent of a 12- to 17-year-old by deception (usually a false vow of marriage),[101] and section 343, which defines fleeing with a girl between the ages of 12 and 18 as consensual abduction, which is also prohibited. [102] In 2015, the CEDAW Committee expressed concern, among other things, about the existence of legal exceptions to the minimum age of marriage of 18 and the high number of unregistered marriages in rural and remote areas, including child marriages. In South Korea, sexual activity with a person under the age of 16 (of international age, not “Korean age”) is considered legal rape unless the other party is under the age of 19. Sexual intercourse with a child under the age of 16 is considered legal rape in all circumstances. Prior to 2020, the age of consent in South Korea was 13, as set by Japan under colonial rule. [17] Any sexual activity outside of heterosexual marriage is illegal in Brunei.
[35] The age of consent in Brunei is 16. The previous position on same-sex couples is set out in section 118C, which provides that a man who commits or suffers fraud with a man under the age of 21 shall be sentenced to life imprisonment if convicted of charges. [54] However, this section was deleted as unconstitutional in Leung TC William Roy v. Minister of Justice. [55] Thus, the age of consent between two men was effectively aligned with that between a man and a woman, i.e. 16. Many countries, states or territories also have “close-in-age” exceptions, commonly known as “Romeo and Juliet” clauses. These laws can eliminate legal liability if all participants in a sexual act are minors (for example, two 16-year-olds). In areas where there are no age-related exceptions, a person who has not yet reached the age of consent may be held liable for sexual activity with another minor. For example, if a country does not have a Romeo and Juliet clause and its age of consent is 16, two 15-year-olds who voluntarily have sex with each other could both be prosecuted for legal rape. The legal age of consent is 16 or older in most countries, as people of this age are considered mature and capable of making informed decisions.
Some of the countries with the age of consent under 16 have other local laws to protect children under the age of 16 from sexual exploitation. Only three countries fall into this category. The first is Niue, an ocean country where sexual activity can only be legal if the partners are 19 or older. The second is South Korea, where the age of consent is 20, and finally, there is Bahrain, where sexual relations are prohibited for people under 21. Bahrain has the highest legal age of consent in the world. The age of consent in East Timor is 14 years, regardless of gender or sexual orientation, in accordance with article 177. However, sexual acts with a teenager between the ages of 14 and 15 are illegal if an adult performs them with the adolescent by “exploiting” the adolescent`s inexperience. (Section 178). [23] Sexual activity outside of marriage is illegal in Oman. [15] In the Gaza Strip, any sexual activity outside of marriage is illegal. [93] The Bangladesh Penal Code considers 14 years as the age of consent, but it is superseded by the aforementioned law.
[31] Under the Criminal Law Amendment Act 2013, the age of consent in India is 18. People under the age of 17 cannot legally consent to sexual activity, which could lead to prosecution for rape. In 1892, the age of consent was 10, but it gradually increased over time to 18. The age of consent should be lowered to 16, as many police-reported cases of sexual assault involve people between the ages of 16 and 18 who engage in consensual sex but are reported by disapproving parents. The legal age of consent to sexual activity varies across jurisdictions in Asia, ranging from 9 years (Yemen) to 21 years (Hong Kong for women who engage in sex). The specific activity or gender of the participants may also be relevant factors. Below is a discussion of the various laws that deal with this issue. Highlighted age refers to an age at or above which a person can have full sexual intercourse with another person who is also at that age or above. Other variables, such as same-sex relationships or near-age exceptions, may exist and may be noted, for example in Indonesia. Article 8 of the Law on Combating Abduction, Trafficking in Human Beings and Exploitation of Human Beings states: “Anyone who commits debauchery involving a minor under 15 years of age, even if the consent of the minor in question has been obtained or if the person has bought the minor from someone else or from a pimp, shall be punished by ten (10) to twenty (20) years` imprisonment.
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