The age of consent in Cape Verde is 14, regardless of sexual orientation and/or gender, with partial protection for persons under 16. [11] Section 311 Consent to Sexual Conduct (1) states that if a defendant is charged with an offence under Chapter 3: Sexual Offences Going Beyond Sections 303 to 311) involving a victim under 15 years of age, the fact that the victim consented is not a defence, unless the accused is also under 15 years of age and not more than 1 year than that person. The “age of consent” is the minimum age at which a person is considered legally capable of consenting to sexual acts. A person younger than the age of consent (i.e. minor) cannot legally confirm that a sexual act in which they participated was consensual. In other words, in the eyes of the law, they are not yet old enough to consent to sex. If a person over the age of consent engages in sexual activity with a minor partner, that activity may be considered legal rape. In fact, in some jurisdictions, a sexual act may be considered legal rape, even if all participants were minors. The issue of the legal age of marriage is closely linked to the legal age of marriage. The age of sexual consent refers to the minimum age at which a person is considered legally capable of consenting to sexual intercourse [17]. Unlike marriage, there is no universally accepted standard for the age of sexual consent. As a result, the age of sexual consent varies widely around the world. In Angola and Burundi, for example, the age of sexual consent is 12, while in Bahrain it is 21 [17].
Fig. Figure 1 shows the legal age of consent and marriage in ten sub-Saharan African countries with fertility rates above 5.0. As shown in Figure 1, with the exception of girls in Mali, Uganda and Nigeria, the legal age of sexual consent is lower in the ten countries in sub-Saharan Africa where fertility rates are above 5.0. In some countries (e.g. Angola, Burundi and Niger), the difference between the legal age of consent and marriage is between 5 and 6 years. The question is what happens between the legal age of consent and marriage. Approval by low age may explain the high birth rate in most sub-Saharan African countries. Figure 2 shows the legal age of consent and fertility rates for the ten countries in sub-Saharan Africa with fertility rates above 5.0. “Heterosexual sodomy” (and/or oral sex with a partner of the opposite sex) is illegal, article 388 of the Criminal Code. As well as all sexual conduct between persons of the same sex, Article 338, and “violations of public decency”, Article 333. The penalty for the first two activities with people under the age of 19 is more severe for the older participant.
[2] While most European countries set the age of consent at 16-17, several others, including Malta and Vatican City, require young people to be at least 18 years old before legally having sex. The lowest age of consent in Europe is 14, which applies in Austria, Italy, Serbia, Germany and Portugal. As stipulated in Section 279 of the Thai Penal Code, the age of consent in Thailand is 15 years, regardless of gender or sexual orientation. However, the follow-up law added a number of additional caveats. The age of consent to sexual intercourse (“sexual intercourse” is 16 years in accordance with article 138 of the Criminal Code. [86] In the Philippines, the age of consent is 12, one of the youngest in the world. Sexual activity with a person under the age of 12 is considered legal rape and will be punished as such. The age of consent is raised to 18 for acts involving coercion, prostitution, violence, threats or intimidation. The age of consent is 15, regardless of gender. Homosexual acts may be illegal under article 151 of the Criminal Code (crimes against nature). The legislation is as follows: Tallarico R, Ozah K, Orievulu KS. Age of consent: the case for harmonizing laws and policies to promote, promote and protect adolescents` sexual and reproductive health rights.
African Health J Reprod. 2021;25(2):94–102. The age of consent in Germany is 14. Prosecution for legal rape (or local equivalent) can result in a prison sentence of 6 months to 10 years. The age of consent in Germany is 14 if both partners are under 18. Sexual acts with a person under the age of 18 are punishable if the adult is an authority figure over the minor in education, education, care or employment. The Protection of Mentally Disabled Girls and Women Act 1916, which replaced the various age of consent laws of the four colonies of the Union of South Africa, criminalized sexual intercourse between a man and a girl under the age of sixteen unless they were married. This law was replaced by a prohibition similar to section 14 of the Immorality Act 1957. Although sexual relations between men were already illegal and prohibited by common law as “bestiality” or “unnatural sexual acts”, the Immorality Act also criminalized sexual intercourse between a man and a boy under the age of sixteen.
A new penal code was published in 2011, but the age of consent was not changed, which was raised from 15 years. [20] Under the Gaddafi government, the normal age of consent was 18, but sixteen-year-old girls could be married as long as their parents agreed. Premarital sex was illegal. The age of consent in Mayotte, Reunion and French countries of the South and Antarctica is 15 years, because they are under French sovereignty. The age of consent for non-penetrative sexual touching is 16, with the same exception of 5 years; This is provided for in article 175 of the Criminal Code. Article 177 prohibits sexual activity with 14- and 15-year-olds if access is obtained by “abuse of their inexperience,” while Article 178 sets the age of consent for same-sex relations at 16. [61] The age of consent in the United States varies between 16 and 18 depending on the state. Sexual activity with a partner who is under the legal age in that jurisdiction is considered legal rape. In some jurisdictions, sexual activity between underage participants may also be considered legal rape. Premarital sex is illegal in Morocco, punishable by 1 month to 1 year in prison (Article 490 of the Penal Code).
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. 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. Sex work is illegal and the sex work law has been used against homosexual men and women.
[22] Under Roman-Dutch common law, there was a conclusive assumption that girls under the age of 12 were incapable of consenting to sexual intercourse. [71] This hypothesis goes back to the “old authorities” of the seventeenth century. [72] The age of consent is 16, as provided for in section 101 (desecration of a child under 16) of the 1960 Penal Code. [31] According to Section 305 of the South Korean Penal Code, the age of consent in South Korea is 20.
