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{{Short description|Legal ages for sexual activity in Asia}} <!-- "none" is preferred when the title is sufficiently descriptive; see ] --> | |||
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{{Use dmy dates|date= |
{{Use dmy dates|date=February 2020}} | ||
{{ |
{{Age of consent series}} | ||
The ] for sexual activity |
The legal ] for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant. | ||
The unrestricted age of consent is the legal age from which one is deemed able to consent to having sex with anyone else at or above the age of consent, or the marriageable age if they must be married. The lowest unrestricted age of consent in Asia is the onset of ], though this is only the case in ]. The highest unrestricted age of consent is 21, though this age of consent is only the case in ] and the specific instance of females receiving ] in ]. Disregarding these exceptions, the unrestricted ages of consent in Asia range between 13 and 18. | |||
The below is a list of all jurisdictions in Asia as listed in ]. | |||
{{horizontal TOC|limit=2}} | |||
== |
== Summary == | ||
Sexual activity outside marriage is illegal in Afghanistan. The minimum age of marriage in Afghanistan is 18 for men and 16 for women.<ref>{{cite web|url=http://www.aidsportal.org/news_details.aspx?ID=4236 |title=Home |publisher=AIDSPortal |accessdate=11 April 2012}}</ref><ref>{{cite web|url=http://travel.state.gov/travel/cis_pa_tw/cis/cis_1142.html |title=Iran |publisher=Travel.state.gov |accessdate=11 April 2012}}</ref> | |||
All jurisdictions in Asia per ]: | |||
==Akrotiri and Dhekelia (United Kingdom)== | |||
{{For|this section|Ages of consent in Europe#Akrotiri and Dhekelia}} | |||
For both of these Sovereign Base Areas (British military enclaves) on the island of Cyprus, the age of consent is 16. | |||
== |
=== Definitions === | ||
{{#section: List of countries by age of consent|Definitions}} | |||
The age of consent in Armenia is 16. | |||
=== Table === | |||
{{sort under}} | |||
{| {{#lst:List of countries by age of consent|table header}} | |||
|- | |||
<section begin=table/> | |||
|- | |||
| {{flagg|uspet|Afghanistan|plink=#Afghanistan}} || Yes || — || — || — || — || — || — || — || — || Puberty || Puberty || — || — || {{left|}} <ref name="AFG" /> | |||
|- | |||
| {{flagg|uspet|Armenia|plink=#Armenia}} || No || — || — || — || — || - || - || - || - || 16 || 16 || 16 || 16 || {{left|}} <ref name="Armenia">{{Citation |title=Criminal Code of the Republic of Armenia |url=https://www.legislationline.org/documents/id/8872 |publisher=Legislationline |access-date=12 October 2019 |section=Sec. 7 Ch. 18 Art. 141 |archive-date=8 July 2021 |archive-url=https://web.archive.org/web/20210708003145/https://www.legislationline.org/documents/id/8872 |url-status=live }}</ref> | |||
|- | |||
| {{flagg|uspet|Azerbaijan|plink=#Azerbaijan}} || No || — || — || — || — || - || - || - || - || 16 || 16 || 16 || 16 || {{left|}} <ref name="INTERPOL">{{Cite web |title=INTERPOL |url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaAzerbaijan.pdf |url-status=dead |archive-url=http://arquivo.pt/wayback/20080229152337/http%3A//www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaAzerbaijan.pdf |archive-date=2008-02-29}}</ref> | |||
|- | |||
| {{flagg|uspet|Bahrain|plink=#Bahrain}} || No || 18 (if married) || 16 (if married) || - || - || — || — || — || — || 21 || 21 || 21 || 21 || | |||
|- | |||
| {{flagg|uspet|Bangladesh|plink=#Bangladesh}} || No || — || — || — || — || — || — || — || — || 16 || 16 || — || — || | |||
|- | |||
| {{flagg|uspet|Bhutan|plink=#Bhutan}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || {{left|}} <ref name="Bhutan">{{Cite web |title=Penal Code of Bhutan |url=http://www.judiciary.gov.bt/html/act/PENAL_CODE.pdf |url-status=dead |archive-url=https://web.archive.org/web/20110706163637/http://www.judiciary.gov.bt/html/act/PENAL%20CODE.pdf |archive-date=6 July 2011 |publisher=Government of Bhutan}}</ref> | |||
|- | |||
| {{flagg|uspet|Brunei|plink=#Brunei}} || Yes || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || {{left|}} <ref name="Brunei_01" /> | |||
|- | |||
| {{flagg|uspet|Cambodia|plink=#Cambodia}} || No || — || — || — || — || — || — || — || — || 15 || 15 || 15 || 15 || | |||
|- | |||
| {{flagg|uspet|China|plink=#Mainland China}} || No || — || — || — || — || — || — || — || — || 14 || 14 || 14 || 14 || | |||
|- | |||
| {{flagg|uspet|Gaza Strip|plink=#Gaza Strip}} || Yes || — || — || — || — || — || — || — || — || 18 || 18 || — || — || | |||
|- | |||
| {{flagg|uspet|Georgia|plink=#Georgia}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || {{left|}} <ref name="Georgia">{{Cite web |title=Rights of the Child in Georgia |publisher=World Organization Against Torture |date=September 2003|url=http://www.humanrights.ge/files/crcreport.pdf |url-status=live |archive-url=https://web.archive.org/web/20120307204223/http://www.humanrights.ge/files/crcreport.pdf |archive-date=7 March 2012 |access-date=2010-07-30 |df=dmy}}</ref> | |||
|- | |||
| {{flagg|uspet|Hong Kong|plink=#Hong Kong}} || No || — || — || — || — || 16 || 16 || 16 || 16 || 21 || 21 || 21 || 21 || | |||
|- | |||
| {{flagg|uspet|India|plink=#India}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || | |||
|- | |||
| {{flagg|uspet|Indonesia|plink=#Indonesia}} || No || — || — || — || — || 15 || 15 || 15 || 15 || 18 || 18 || 18 || 18 || {{left|}} <ref name="Indonesia">{{Cite web |title=Archived Law number 16 of 2019 |url=https://jdihn.go.id/files/4/2019uu016.pdf |publisher=Government of Indonesia}}</ref> | |||
|- | |||
| {{flagg|uspet|Iran|plink=#Iran}} || Yes || — || — || — || — || — || — || — || — || 15 || 13 || — || — || | |||
|- | |||
| {{flagg|uspet|Iraq|plink=#Iraq}} || No || — || — || — || — || — || — || — || — || 18 || 18 || — || — || | |||
|- | |||
| {{flagg|uspet|Israel|plink=#Israel}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || | |||
|- | |||
| {{flagg|uspet|Japan|plink=#Japan}} || No || 13 || 13 || 13 || 13 || 16 || 16 || 16 || 16 || 18 || 18 || 18 || 18 ||<ref name="guard160623">{{cite web|url=https://www.theguardian.com/world/2023/jun/16/japan-raises-age-of-consent-from-13-to-16-in-reform-of-sex-crimes-law|archive-url=https://web.archive.org/web/20230616085553/https://www.theguardian.com/world/2023/jun/16/japan-raises-age-of-consent-from-13-to-16-in-reform-of-sex-crimes-law|title=Japan raises age of consent from 13 to 16 in reform of sex crimes law|work=]|date=16 June 2023|archive-date=16 June 2023|access-date=16 June 2023}}</ref><ref name="bbc160623">{{cite web|url=https://www.bbc.com/news/world-asia-65887198|archive-url=https://web.archive.org/web/20230616062152/https://www.bbc.com/news/world-asia-65887198|title=Japan redefines rape and raises age of consent in landmark move|publisher=]|date=16 June 2023|archive-date=16 June 2023|access-date=16 June 2023}}</ref> | |||
|- | |||
| {{flagg|uspet|Jordan|plink=#Jordan}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || {{left|}} <ref name="Jordan">{{Citation|last=Vatter|first=Miguel|title=Carl Schmitt and Sovereignty|url=http://dx.doi.org/10.1093/oso/9780190942359.003.0002|work=Divine Democracy|year=2021|pages=21–66|publisher=Oxford University Press|doi=10.1093/oso/9780190942359.003.0002|isbn=978-0-19-094235-9|access-date=2021-07-18|url-access=subscription}}</ref> | |||
|- | |||
| {{flagg|uspet|Kazakhstan|plink=#Kazakhstan}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || {{left|}} <ref name="Kazakhstan">{{Cite web |title=Legislation Online |url=http://www.legislationline.org/download/action/download/id/1681/file/ca1cfb8a67f8a1c2ffe8de6554a3.htm/preview |url-status=dead |archive-url=https://web.archive.org/web/20100613061051/http://legislationline.org/download/action/download/id/1681/file/ca1cfb8a67f8a1c2ffe8de6554a3.htm/preview |archive-date=2010-06-13 |access-date=2014-05-17 |publisher=Legislationline.org}}</ref> | |||
|- | |||
| {{flagg|uspet|Kuwait|plink=#Kuwait}} || Yes || — || — || — || — || — || — || — || — || 17 || 15 || — || — || {{left|}} <ref name="Kuwait" /><ref name="unhchr.ch" /> | |||
|- | |||
| {{flagg|uspet|Kyrgyzstan|plink=#Kyrgyzstan}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || {{left|}} <ref name="Kyrgyzstan">{{Cite web |url=https://www.legislationline.org/download/id/4221/file/Kyrgyzstan_CC_1997_%20am_2006_en.pdf |title=Criminal Code of the Kyrgyz Republic of 01/10/1997 |access-date=29 December 2019 |archive-date=1 December 2019 |archive-url=https://web.archive.org/web/20191201015048/https://www.legislationline.org/download/id/4221/file/Kyrgyzstan_CC_1997_%20am_2006_en.pdf |url-status=dead }}</ref> | |||
|- | |||
| {{flagg|uspet|Laos|plink=#Laos}} || No || — || — || — || — || — || — || — || — || 15 || 15 || 15 || 15 || | |||
|- | |||
| {{flagg|uspet|Lebanon|plink=#Lebanon}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || {{left|}} <ref name="Lebanon">{{Cite web |date=30 November 2007 |title=Juris diarium: Code pénal libanais |url=http://jurisdiarium.blogspot.com/2007/11/code-pnal-libanais.html |access-date=11 April 2012 |publisher=Jurisdiarium.blogspot.com |archive-date=17 September 2020 |archive-url=https://web.archive.org/web/20200917174217/http://jurisdiarium.blogspot.com/2007/11/code-pnal-libanais.html |url-status=live }}</ref> | |||
|- | |||
| {{flagg|uspet|Macau|plink=#Macau}} || No || — || — || — || — || 14 || 14 || 14 || 14 || 18 || 18 || 18 || 18 || | |||
|- | |||
| {{flagg|uspet|Malaysia|plink=#Malaysia}} || No || — || — || — || — || 16 || 16 || — || — || 18 || 18 || — || — || | |||
|- | |||
| {{flagg|uspeft|Maldives|plink #Maldives}} || Yes || — || — || — || — || 16 || 16 || — || — || 18 || 18 || — || — || | |||
|- | |||
| {{flagg|uspet|Mongolia|plink=#Mongolia}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || | |||
|- | |||
| {{flagg|uspet|Myanmar|plink=#Myanmar}} || No || — || — || — || — || — || — || — || — || 16 || 16 || — || — || | |||
|- | |||
| {{flagg|uspet|Nepal|plink=#Nepal}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || | |||
|- | |||
| {{flagg|uspet|North Korea|plink=#North Korea}} || No || — || — || — || — || — || — || — || — || 15 || 15 || 15 || 15 || | |||
|- | |||
| {{flagg|uspet|Oman|plink=#Oman}} || Yes || — || — || — || — || — || — || — || — || 18 || 18 || — || — || {{left|}} <ref name="Interpol 2012">{{Cite web |title=Interpol |url=http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaOman.pdf |url-status=dead |archive-url=http://arquivo.pt/wayback/20160516065620/http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaOman.pdf |archive-date=16 May 2016 |access-date=11 April 2012 |publisher=Interpol |df=dmy}}</ref> | |||
|- | |||
| {{flagg|uspet|Pakistan|plink=#Pakistan}} || Yes || — || — || — || — || — || — || — || — || 18 || 16 (18 in Sindh and the Punjab) || — || — || | |||
|- | |||
| {{flagg|uspet|Philippines|plink=#Philippines}} || No || — || — || — || — || 16 || 16 || 16 || 16 || 18 || 18 || 18 || 18 || {{left|}} <ref>{{cite news |last1=Parrocha |first1=Azer |title=Duterte signs bill raising age of sexual consent to 16 |url=https://www.pna.gov.ph/articles/1169147 |access-date=7 March 2022 |work=Philippine News Agency |date=7 March 2022 |archive-url=https://web.archive.org/web/20220307114928/https://www.pna.gov.ph/articles/1169147 |archive-date=7 March 2022 |language=en}}</ref><ref>{{cite news |last1=Morales |first1=Neil Jerome |last2=Petty |first2=Martin |title=Philippine leader approves bill raising sex consent age from 12 to 16 |url=https://www.reuters.com/world/asia-pacific/philippine-leader-approves-bill-raising-sex-consent-age-12-16-2022-03-07/ |access-date=7 March 2022 |work=Reuters |date=7 March 2022 |archive-url=https://web.archive.org/web/20220307120235/https://www.reuters.com/world/asia-pacific/philippine-leader-approves-bill-raising-sex-consent-age-12-16-2022-03-07/ |archive-date=7 March 2022 |language=en}}</ref> | |||
|- | |||
| {{flagg|uspet|Qatar|plink=#Qatar}} || Yes || — || — || — || — || — || — || — || — || 18 || 16 || — || — || {{left|}} <ref name="Qatar">{{Cite news |date=4 November 2013 |title=Cohabitation laws in Qatar cause confusion for hotel guests |language=en-US |work=Doha News |url=https://dohanews.co/cohabitation-laws-cause-confusion-for-hotel-guests/ |access-date=2018-05-29 |archive-date=12 June 2018 |archive-url=https://web.archive.org/web/20180612113240/https://dohanews.co/cohabitation-laws-cause-confusion-for-hotel-guests/ |url-status=live }}</ref> | |||
|- | |||
| {{flagg|uspet|Saudi Arabia|plink=#Saudi Arabia}} || Yes || — || — || — || — || — || — || — || — || 18 || 18 || — || — || | |||
|- | |||
| {{flagg|uspet|Singapore|plink=#Singapore}} || No || — || — || — || — || 16 || 16 || 16 || 16 || 18 || 18 || 18 || 18 || | |||
|- | |||
| {{flagg|uspet|South Korea|plink=#South Korea}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || {{left|}} <ref name="South Korea">{{Cite news |date=April 29, 2020 |title=National Assembly approves bills on sex crimes, internet-only banks |work=]|location=] |url=https://en.yna.co.kr/view/AEN20200429015351315 |access-date=12 May 2020 |archive-date=12 May 2020 |archive-url=https://web.archive.org/web/20200512073414/https://en.yna.co.kr/view/AEN20200429015351315 |url-status=live }}</ref><ref name="South Korea 2020a">{{Cite news |last=김원태 |date=April 30, 2020 |title=한정애의원이 대표 발의한 성범죄 근절 법안 국회 본회의 통과! |work=Daehan News |url=http://www.dhns.co.kr/news/articleView.html?idxno=244559 |access-date=12 May 2020 |archive-date=25 July 2020 |archive-url=https://web.archive.org/web/20200725003455/http://www.dhns.co.kr/news/articleView.html?idxno=244559 |url-status=live }}</ref><ref name="South Korea 2020b">{{Cite news |last=강주헌 |date=April 30, 2020 |title='불법 성적 촬영물' 다운만 받아도 징역형 가능…'n번방' 아웃 |work=Money Today |url=https://news.mt.co.kr/mtview.php?no=2020043011060127693 |access-date=12 May 2020 |archive-date=13 May 2020 |archive-url=https://web.archive.org/web/20200513133859/https://news.mt.co.kr/mtview.php?no=2020043011060127693 |url-status=live }}</ref> | |||
|- | |||
| {{flagg|uspet|Sri Lanka|plink=#Sri Lanka}} || No || — || — || — || — || — || — || — || — || 16 || 16 || — || — || | |||
|- | |||
| {{flagg|uspet|Syria|plink=#Syria}} || No || — || — || — || — || — || — || — || — || 15 || 15 || 15 || 15 || {{left|}} <ref name="Syria">{{Cite web |title=قانون العقوبات السوري |url=http://www.moj.gov.sy/index.php?option=com_content&view=article&id=11:2013-10-01-20-45-36 |access-date=2019-04-19 |website=moj.gov.sy |archive-date=25 July 2020 |archive-url=https://web.archive.org/web/20200725020212/http://www.moj.gov.sy/index.php?option=com_content&view=article&id=11:2013-10-01-20-45-36 |url-status=live }}</ref> | |||
|- | |||
| {{flagg|uspet|Taiwan|plink=#Taiwan}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || {{left|}} <ref name="Taiwan">Article 227, 227-1, 229-1, {{cite web |url=https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=C0000001 |publisher=Laws & Regulations Database of The Republic of China (Taiwan) |title=Criminal Code of the Republic of China |access-date=2023-08-31}}</ref> | |||
|- | |||
| {{flagg|uspet|Tajikistan|plink=#Tajikistan}} || No || — || — || — || — || - || - || - || - || 16 || 16 || 16 || 16 || {{left|}} <ref name="Tajikistan">{{Cite web |title=Tajikistan Criminal Code |url=http://www.legislationline.org/download/action/download/id/1707/file/207b8150765af2c85ad6f5bb8a44.htm/preview |access-date=11 April 2012 |publisher=Legislationline.org |archive-date=11 November 2020 |archive-url=https://web.archive.org/web/20201111164225/http://www.legislationline.org/download/action/download/id/1707/file/207b8150765af2c85ad6f5bb8a44.htm/preview |url-status=live }}</ref> | |||
|- | |||
| {{flagg|uspet|Thailand|plink=#Thailand}} || No || — || — || — || — || 15 || 15 || 15 || 15 || 18 || 18 || 18 || 18 || | |||
|- | |||
|align=left| {{flagg|pspew|al=c|Timor-Leste|plink=#East Timor}} || No || — || — || — || — || 14 || 14 || 14 || 14 || 16 || 16 || 16 || 16 || {{left|}} <ref name=":18">{{Cite web |title=WIPO Intellectual Property Laws and Treaties Database (WIPO Lex) |url=http://www.wipo.int/wipolex/en/text.jsp?file_id%3D243617 |url-status=live |archive-url=https://web.archive.org/web/20160304065054/http://www.wipo.int/wipolex/en/text.jsp?file_id=243617 |archive-date=4 March 2016 |access-date=2015-05-20 |df=dmy}} (])</ref> | |||
|- | |||
| {{flagg|uspet|Turkey|plink=#Turkey}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || {{left|}} <ref name="turkishpenal" /> | |||
|- | |||
| {{flagg|uspet|Turkmenistan|plink=#Turkmenistan}} || No || — || — || — || — || — || — || — || — || 16 || 16 || — | — || {{left|}} <ref name=":19">{{Cite web |title=Interpol |url=http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaTurkmenistan.pdf |url-status=dead |archive-url=https://web.archive.org/web/20110927104232/http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaTurkmenistan.pdf |archive-date=27 September 2011 |access-date=11 April 2012 |publisher=Interpol |df=dmy-all}}</ref> | |||
|- | |||
| {{flagg|uspet|United Arab Emirates|plink=#United Arab Emirates}} || Yes || — || — || — || — || — || — || — || — || 18 || 18 || — || — || {{left|}} <ref>{{cite news|url=http://menarights.org/en/articles/new-uae-penal-code-increased-restrictions-fundamental-freedoms|title=New UAE penal code: increased restrictions on fundamental freedoms|date=18 May 2022 |website=MENA Rights Group|language=en|access-date=16 July 2022}}</ref> | |||
|- | |||
| {{flagg|uspet|Uzbekistan|plink=#Uzbekistan}} || No || — || — || — || — || — || — || — || — || 16 || 16 || — || — || | |||
|- | |||
| {{flagg|uspet|Vietnam|plink=#Vietnam}} || No || — || — || — || — || — || — || — || — || 16 || 16 || 16 || 16 || | |||
|- | |||
| {{flagg|uspet|West Bank|plink=#West Bank}} || No || — || — || — || — || — || — || — || — || 18 || 18 || 18 || 18 || | |||
|- | |||
| {{flagg|uspet|Yemen|plink=#Yemen}} || Yes || — || — || — || — || — || — || — || — || 15 || 15 || — || — || | |||
<section end=table/> | |||
|} | |||
==Afghanistan== | |||
Sexual activity outside marriage is illegal in ]. According to the ], marriage is allowed at puberty.<ref name="AFG">{{cite news |author1=Akmal Dawi |title=Afghanistan Poverty Bears More Child Brides |url=https://www.voanews.com/a/afghanistan-poverty-bears-more-child-brides/6556599.html |access-date=15 November 2022 |work=] |date=4 May 2022}}</ref> | |||
== Armenia == | |||
The age of consent in Armenia is '''16'''. | |||
''Article 141. Sexual acts with a person under 16.'' | ''Article 141. Sexual acts with a person under 16.'' | ||
''Sexual intercourse or other sexual acts with a person obviously under 16, by a person who reached 18 years of age, in the absence of elements of crime envisaged in Articles 138, 139 or 140 of this Code, is punished with correctional labor for the term of up to 2 years, or with imprisonment for the term of up to 2 years.''<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes |
''Sexual intercourse or other sexual acts with a person obviously under 16, by a person who reached 18 years of age, in the absence of elements of crime envisaged in Articles 138, 139 or 140 of this Code, is punished with correctional labor for the term of up to 2 years, or with imprisonment for the term of up to 2 years.''<ref name="legislationline.org">{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes|title=Criminal codes|publisher=Legislationline.org|access-date=11 April 2012|archive-date=20 January 2013|archive-url=https://web.archive.org/web/20130120064333/http://legislationline.org/documents/section/criminal-codes|url-status=dead}}</ref> | ||
==Azerbaijan== | ==Azerbaijan== | ||
The age of consent in Azerbaijan is 16. | The age of consent in Azerbaijan is '''16'''. | ||
''Article 152'' | ''Article 152'' | ||
''Sexual intercourse with the person below the age of 16 years |
''Sexual intercourse with the person below the age of 16 years, as well as the same offences linked with satisfaction of sexual passion in perverted forms shall be punished by imprisonment up to 3 years''.<ref>{{cite web|url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaAzerbaijan.pdf |archive-url=http://arquivo.pt/wayback/20080229152337/http%3A//www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaAzerbaijan.pdf |url-status=dead |archive-date=29 February 2008 |title=Internet / Home - INTERPOL }}</ref> | ||
''punished by imprisonment up to 3 years''.''<ref>http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaAzerbaijan.pdf</ref> | |||
==Bahrain== | ==Bahrain== | ||
Consensual sex outside of marriage is legally permissible for those aged 21 and above, regardless of gender and/or sexual orientation.<ref name="auto">{{Cite web|url=https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=589b5cbe4|title=Bahrain: Criminal Law|access-date=1 December 2020|archive-date=1 December 2020|archive-url=https://web.archive.org/web/20201201225248/https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=589b5cbe4|url-status=live}}</ref> If a married individual has sex with somebody they are not married to, the person they are married to is given the liberty, by the criminal procedure code, to file for an 'adultery' charge if they wanted to. They are also given the liberty to drop off the charge after filing it if they wanted to. However, the mentioned options would not be available after three months are passed from when the person learned about the adultery. The marriage of course should be recognized by the government for the mentioned options to be provided. | |||
The age of consent in Bahrain is 21.<ref>{{cite news|title=Man jailed for under-age sex|url=http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=108365|accessdate=30 November 2012|newspaper=Gulf Daily News|date=2 April 2005}}</ref> | |||
The marriageable age is 16 years for females, and 18 for males. Before this age, marriage requires authorization from the Shariah Court of the State of Bahrain.<ref>{{Cite web|url=https://www.icmec.org/wp-content/uploads/2019/04/ICMEC-Bahrain-National-Legislation.pdf|title=Bahrain: National Child Protection Legislation}}</ref> | |||
The minimum age to marry without permission from the girl's father or legal guardian is 18 years.<ref name="ODwyer">{{Cite web |last=O'Dwyer |first=Peter |date=9 April 2014 |title=The age of consent debate: Where does Ireland stand? |url=http://www.irishexaminer.com/lifestyle/features/the-age-of-consent-debate-where-does-ireland-stand-264694.html |archive-url=https://web.archive.org/web/20160115215040/http://www.irishexaminer.com/lifestyle/features/the-age-of-consent-debate-where-does-ireland-stand-264694.html |archive-date=15 January 2016 |access-date=14 January 2016 |website=] |quote=caveats across the globe ranging from women in Bahrain needing to be 21 to consent to sex if marrying without their father’s consent}}</ref> | |||
Rape is punished by imprisonment. Since 1986, the penalty is either life imprisonment or possibly the death penalty for victims under 16. Non-consent is assumed for unmarried women under 14.<ref name=UNODC>{{Cite web |title=Penal Cone of Bahrain |url=http://www.unodc.org/res/cld/document/bhr/1976/bahrain_penal_code_html/Bahrain_Penal_Code_1976.pdf |access-date=7 March 2013 |publisher=Government of Bahrain |page=100 |quote=Chapter 2 Rape and Sexual Assault<br />Article 344 <br />'''Life imprisonment''' shall be the penalty for any person who assaults a woman without her consent. The penalty shall be a '''death sentence''' or life imprisonment if the victim is '''less than sixteen''' years of age. The non-consent of the victim shall be presumed if she is '''less than fourteen''' years of age.<br />Article 345 <br />A prison sentence for a period '''not exceeding twenty''' years shall be the punishment for any person who has sexual intercourse with a female who is '''more than fourteen''' years but has not reached the age of sixteen years, with her consent. A prison sentence of '''no more than 10''' years shall be the sentence for any person who has sexual intercourse with a female who is '''more than sixteen''' years but less than twenty-one years, with her consent.<br />Article 346 <br />A prison sentence for a period '''not exceeding ten''' years shall be the punishment for any person who assaults another against his will. The punishment shall be a prison sentence if the victim is '''less than sixteen''' years. The non-consent of the victim shall be presumed if he is '''less than fourteen''' years.<br />Article 347 <br />A prison sentence shall be the punishment for anyone who assaults a person who is '''more than fourteen''' years but '''less than twenty-one''' years, with his consent. |archive-date=21 September 2015 |archive-url=https://web.archive.org/web/20150921155851/http://www.unodc.org/res/cld/document/bhr/1976/bahrain_penal_code_html/Bahrain_Penal_Code_1976.pdf |url-status=live }}</ref> According to article 349 of the updated penal code, the death penalty for the rapist is eligible only if the rape causes death for the sexually assaulted female.<ref name="auto" /> | |||
The law presumes non-consent of male victims less than 14 too. There is a prison sentence (maximum 10 years) for male victims under 16 (article 346) while article 347 gives an unspecified prison sentence with consenting male victims under 21. | |||
==Bangladesh== | ==Bangladesh== | ||
According to the section 9 (1) of the Women and Child Abuse Prevention Act, 2003, it is defined as rape to have sexual intercourse with a woman with or without her consent, when she is under '''sixteen (16)''' years of age.<ref>{{Cite web |title=নারী ও শিশু নির্যাতন দমন আইন, ২০০০ |url=http://bdlaws.minlaw.gov.bd/act-835/section-32523.html |access-date=24 August 2020 |website=Laws of Bangladesh |archive-date=12 August 2020 |archive-url=https://web.archive.org/web/20200812020404/http://bdlaws.minlaw.gov.bd/act-835/section-32523.html |url-status=live }}</ref> | |||
The Penal Code of ] considers 14 years as the age of consent.<ref>{{cite web|title=Penal Conde of Bangladesh|url=http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=11|publisher=Government of Bangladesh|accessdate=7 March 2013}}</ref> | |||
<ref>{{Cite web|url=https://mspvaw.gov.bd/contain/57|title=Multi-Sectoral Programme on Violence Against Women|website=mspvaw.gov.bd}}</ref> | |||
Article 375 specifies that “A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman With or without her consent, when she is under sixteen years of age. (Exception) Sexual intercourse by a man with his wife, the wife not being under thirteen years of age, is not rape.<ref>{{Cite web |url=https://www.wipo.int/edocs/lexdocs/laws/en/bd/bd020en.pdf |title=Archived copy |access-date=11 July 2020 |archive-date=11 July 2020 |archive-url=https://web.archive.org/web/20200711213535/https://www.wipo.int/edocs/lexdocs/laws/en/bd/bd020en.pdf |url-status=live }}</ref> | |||
==Bhutan== | ==Bhutan== | ||
The age of consent in ] is 18 regardless of gender or sexual orientation, according to Article 183 of the Penal Code of Bhutan.<ref name="Bhutan" /> | |||
The age of consent in Bhutan is 18.<ref>http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaBhutan.pdf</ref> | |||
==Brunei== | ==Brunei== | ||
Any kind of sexual activity outside of a heterosexual marriage is illegal in ].<ref>{{cite web |url=https://www.hrw.org/news/2019/05/22/bruneis-pernicious-new-penal-code#:~:text=Prohibition%20of%20Torture%20and%20Other,(articles%2069%20and%2082) |title = Brunei's Pernicious New Penal Code {{!}} Human Rights Watch| date=22 May 2019 }}</ref> The minimum age for marriage is 16. | |||
The age of consent in Brunei is 16. | |||
Article 2 of this Act determines the offence as follows: | Article 2 of this Act determines the offence as follows: | ||
Any person who has or attempts to have carnal knowledge (sexual intercourse) of a girl under the age of sixteen (16) years except by way of marriage, shall be guilty of an offense: Penalty, imprisonment for a term which shall not be less than 2 years and not more than 7 years and to whipping not exceeding 24 strokes of the rattan in the case of an adult or 12 strokes of the rattan in the case of a youthful offender.<ref name="Brunei_01">{{Cite web |year=2006 |title=Legislation of Interpol member states on sexual offences against children – Brunei |url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaBrunei.pdf |url-status=dead |archive-url=http://arquivo.pt/wayback/20080229151338/http%3A//www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaBrunei.pdf |archive-date=2008-02-29 |publisher=Interpol}}</ref> | |||
Any person who has or attempts to have carnal knowledge of a girl under the age of sixteen (16) years except by way of marriage, shall be guilty of an offence: Penalty, | |||
imprisonment for a term which shall not be less than 2 years and not more than 7 years and to whipping not exceeding 24 strokes of the rattan in the case of an adult | |||
or 12 strokes of the rattan in the case of a youthful offender.<ref name=Brunei_01 >{{cite web |url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaBrunei.pdf |title=Legislation of Interpol member states on sexual offences against children – Brunei |publisher=Interpol |year=2006}}</ref> | |||
== |
==Cambodia== | ||
The age of consent in ] is 15 regardless of gender or sexual orientation.<ref>{{Cite web |date=11 March 2010 |title=2009 Human Rights Report: Cambodia |url=https://www.state.gov/g/drl/rls/hrrpt/2009/eap/135988.htm |url-status=dead |archive-url=https://web.archive.org/web/20100324180847/http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135988.htm |archive-date=24 March 2010 |access-date=11 April 2012 |publisher=State.gov}}</ref> The age of consent in this country is determined by Article 8, of Chapter 4 (''Debauchery'') of the ''Law on Suppression of the Kidnapping, Trafficking, and Exploitation of Human Beings'', which has been specifically enacted to prohibit sex with children under 15. The law prohibits "debauchery" with a child under 15, and this term (the original Cambodian word is {{transliteration|km|anacha}} has been interpreted by courts to forbid any form of sexual conduct (both consensual and non-consensual; both 'ordinary' sex and paid sex) with a child under 15. This is the main legal tool used to prosecute foreigners engaging in ] in Cambodia.<ref>{{Cite web |date=16 November 2007 |title=Russian Businessman Accused of Abuse in Cambodia's Biggest Pedophilia Case |url=http://www.irrawaddymedia.com/article.php?art_id=9333 |url-status=dead |archive-url=https://web.archive.org/web/20120229232127/http://www.irrawaddymedia.com/article.php?art_id=9333 |archive-date=29 February 2012 |access-date=11 April 2012 |publisher=Irrawaddymedia.com |df=dmy-all}}</ref><ref>{{Cite web |title=Germans, Americans and Cambodians sentenced in Global drive against child abuse |url=http://www.preda.org/main/archives/research/csa/r07031201.html |url-status=dead |archive-url=https://web.archive.org/web/20110118071842/http://www.preda.org/main/archives/research/csa/r07031201.html |archive-date=18 January 2011 |access-date=11 April 2012 |publisher=Preda.org}}</ref><ref>{{Cite web |last=socheata |date=2 December 2006 |title=KI Media: Frenchman, 2 Cambodians Cleared of Debauchery |url=http://ki-media.blogspot.com/2006/12/frenchman-2-cambodians-cleared-of.html |access-date=11 April 2012 |publisher=Ki-media.blogspot.com |archive-date=17 September 2020 |archive-url=https://web.archive.org/web/20200917162654/http://ki-media.blogspot.com/2006/12/frenchman-2-cambodians-cleared-of.html |url-status=live }}</ref><ref>{{Cite news |date=31 October 2006 |title=Questions linger over officer's death in Asia / Colleagues in S.F. recall he often traveled to region |work=The San Francisco Chronicle |url=https://www.sfgate.com/bayarea/article/SAN-FRANCISCO-Officer-in-child-sex-arrest-2548212.php |access-date=13 October 2010 |archive-date=9 July 2012 |archive-url=https://archive.today/20120709232812/http://articles.sfgate.com/2006-10-31/bay-area/17318180_1_san-francisco-police-phnom-penh-ramirez-s-death |url-status=live }}</ref> | |||
The 1860 Indian Penal Code was also inherited in ], making the age of consent 14 there as well.<ref>http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaMyanmar.pdf</ref> | |||
Article 8 of the 'Law on Suppression of the Kidnapping, Trafficking, and Exploitation of Human Beings' states, "Any person who commits acts of debauchery involving a minor below 15 years old, even if there is consent from the concerned minor, or even if the person has bought such minor from someone else or from a pimp, shall be punished by ten (10) to twenty (20) years in prison. In case of repeat offenses, the maximum punishment term shall be applied."<ref>{{cite web |url=http://www.cdpcambodia.org/trafficking_law.asp |title= Cambodian Defenders Project|website=www.cdpcambodia.org |archive-url=https://web.archive.org/web/20100903024138/http://www.cdpcambodia.org/trafficking_law.asp |archive-date=3 September 2010}}</ref> | |||
Section 375.<ref>http://www.burmalibrary.org/docs6/MYANMAR_PENAL_CODE-corr.1.pdf</ref> | |||
==Mainland China== | |||
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions: | |||
In ], the age of consent for sexual activity is 14 years, regardless of gender or sexual orientation.<ref>{{Cite web |date=11 March 2010 |title=2009 Human Rights Report: China (includes Tibet, Hong Kong, and Macau) |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/2009/eap/135989.htm |access-date=11 April 2012 |publisher=State.gov |df=dmy |archive-date=12 April 2020 |archive-url=https://web.archive.org/web/20200412183010/https://2009-2017.state.gov/j/drl/rls/hrrpt/2009/eap/135989.htm |url-status=live }} (). "According to the law, the minimum age of consensual sex is 14."</ref> Chinese law defines statutory rape as having sex with a girl who is less than fourteen years of age. A five-year prison sentence and fine may result if the girl under 14 years of age was acting as a prostitute.<ref>{{Cite book|last1=Zhang|first1=Huamin|last2=Li|first2=Xianfeng|last3=Zhang|first3=Jiujun|editor1-first=Huamin|editor1-last=Zhang|editor2-first=Xianfeng|editor2-last=Li|editor3-first=Jiujun|editor3-last=Zhang|date=2017-11-22|title=Redox Flow Batteries|url=http://dx.doi.org/10.1201/9781315152684|doi=10.1201/9781315152684|isbn=9781315152684|access-date=18 July 2021|archive-date=18 July 2021|archive-url=https://web.archive.org/web/20210718020236/https://www.taylorfrancis.com/books/edit/10.1201/9781315152684/redox-flow-batteries-huamin-zhang-huamin-zhang-xianfeng-li-jiujun-zhang|url-status=live}}</ref> In August 2015, the law concerning underage prostitutes was ]. The Statutory rape law now applies to underage prostitution as well.<ref>{{Cite news |last=Shaohui |first=Tian |date=29 August 2015 |title=New law repeals crime of sex with underage prostitutes - Xinhua {{!}} English.news.cn |work=] |url=http://news.xinhuanet.com/english/2015-08/29/c_134568431.htm |access-date=17 January 2017 |archive-date=20 November 2015 |archive-url=https://web.archive.org/web/20151120094643/http://news.xinhuanet.com/english/2015-08/29/c_134568431.htm |url-status=dead }}</ref> Persons with Special Duties towards minor females who have attained the full age of 14 shall be held accountable for rape if they compel the victim engaging in sexual relations with them by taking advantage of their dominant positions or the helpless situations of the victim.<ref>{{Cite news |last=最高人民法院 最高人民检察院 公安部 司法部 |date=25 October 2013 |title=四部门关于依法惩治性侵害未成年人犯罪的意见 {{!}} |work=] |url=https://www.spp.gov.cn/zdgz/201310/t20131025_63797.shtml |access-date=25 October 2013 |archive-date=4 September 2017 |archive-url=https://web.archive.org/web/20170904103603/http://www.spp.gov.cn/zdgz/201310/t20131025_63797.shtml |url-status=dead|trans-title= 4th Department Opinion Regarding Legal Punishment for Illicit Sex with Minors}}</ref> | |||
In 2020 there was a proposal to raise the age of consent in the wake of a scandal in the city of ].<ref>{{Cite news |date=2020-04-23 |title=The push to raise China's age of consent from 14 |newspaper=] |url=https://www.economist.com/china/2020/04/23/the-push-to-raise-chinas-age-of-consent-from-14 |access-date=2020-04-24 |archive-date=24 April 2020 |archive-url=https://web.archive.org/web/20200424111905/https://www.economist.com/china/2020/04/23/the-push-to-raise-chinas-age-of-consent-from-14 |url-status=live }}</ref><ref>{{Cite web |date=16 April 2020 |title=Abuse allegations in China spark calls to raise age of consent from 14 |url=https://www.theguardian.com/world/2020/apr/16/abuse-allegations-in-china-spark-calls-to-raise-age-of-consent-from-14 |website=] |access-date=25 April 2020 |archive-date=25 April 2020 |archive-url=https://web.archive.org/web/20200425065923/https://www.theguardian.com/world/2020/apr/16/abuse-allegations-in-china-spark-calls-to-raise-age-of-consent-from-14 |url-status=live }}</ref> | |||
First.-- Against her will. | |||
Secondly.-- Without her consent. | |||
Thirdly—With her consent, when her consent has been obtained by putting her in fear of death or hurt. | |||
Fourthly. – With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. | |||
''Fifthly''. – ''With or without her consent, when she is under fourteen years''. | |||
==Cambodia== | |||
The age of consent in ] is 15.<ref>{{cite web|url=http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135988.htm |title=2009 Human Rights Report: Cambodia |publisher=State.gov |date=11 March 2010 |accessdate=11 April 2012}}</ref> | |||
In 2021 there was a proposal to criminalize teachers having intercourse with students in primary and junior high levels.<ref>{{Cite web |last=Yan |first=Alice |date=2021-04-08 |title=China considers banning teachers from sexual relationships with primary and middle school students and new rules on harassment |url=https://www.scmp.com/news/people-culture/social-welfare/article/3128689/china-considers-banning-teachers-sexual |newspaper=] |access-date=2021-04-08 |archive-date=8 April 2021 |archive-url=https://web.archive.org/web/20210408065135/https://www.scmp.com/news/people-culture/social-welfare/article/3128689/china-considers-banning-teachers-sexual |url-status=live }}</ref> | |||
The age of consent in this country is determined by Article 8, of Chapter 4 (''Debauchery'') of the ''Law on Suppression of the Kidnapping, Trafficking, and Exploitation of Human Beings'', which has been specifically enacted to prohibit sex with children under 15. The law prohibits "debauchery" with a child under 15, and this term (the original Cambodian word is “anacha”) has been interpreted by courts to forbid any form of sexual conduct (both consensual and non-consensual; both 'ordinary' sex and paid sex) with a child under 15. This is the main legal tool used against foreigners engaging in ] in Cambodia.<ref>{{cite web|url=http://www.irrawaddymedia.com/article.php?art_id=9333 |title=Russian Businessman Accused of Abuse in Cambodia's Biggest Pedophilia Case |publisher=Irrawaddymedia.com |date=16 November 2007 |accessdate=11 April 2012}}</ref><ref>{{cite web|url=http://www.preda.org/main/archives/research/csa/r07031201.html |title=Preda Foundation, Inc. NEWS/ARTICLES: "Germans, Americans and Cambodians sentenced in Global drive against child abuse" |publisher=Preda.org |accessdate=11 April 2012}}</ref><ref>{{cite web|author=Posted by socheata |url=http://ki-media.blogspot.com/2006/12/frenchman-2-cambodians-cleared-of.html |title=KI Media: Frenchman, 2 Cambodians Cleared of Debauchery |publisher=Ki-media.blogspot.com |date=2 December 2006 |accessdate=11 April 2012}}</ref><ref>{{cite news| url=http://articles.sfgate.com/2006-10-31/bay-area/17318180_1_san-francisco-police-phnom-penh-ramirez-s-death | work=The San Francisco Chronicle | title=SAN FRANCISCO / Questions linger over officer's death in Asia / Colleagues in S.F. recall he often traveled to region | date=31 October 2006}}</ref> | |||
==East Timor== | |||
''Article 8: | |||
The age of consent in ] is 14 regardless of gender or sexual orientation, per Article 177. However, sex acts with an adolescent aged 14–15 years are illegal if an adult practices them with the adolescent by "taking advantage of the inexperience" of that adolescent. (Article 178).<ref name=":18"/> | |||
Article 177. Sexual abuse of a minor: | |||
''Any person who commits acts of debauchery involving a minor below 15 years old, even if there is consent from the concerned minor, or even if the person has bought such minor from someone else or from a pimp, shall be punished by ten (10) to twenty (20) years in prison. In case of repeat offenses, the maximum punishment term shall be applied.''<ref>http://www.cdpcambodia.org/trafficking_law.asp {{Wayback|df=yes|url=http://www.cdpcambodia.org/trafficking_law.asp|date =20110725151433}}</ref> | |||
# Any person who practices vaginal, anal or oral coitus with a minor aged less than 14 years is punishable with 5 to 20 years' imprisonment. | |||
# Any person who practices any act of sexual relief with a minor aged less than 14 years is punishable with 5 to 15 years' imprisonment. | |||
Article 178. Sexual acts with an adolescent: | |||
==China== | |||
# Any person who, being an adult and apart from situations provided in this section, practices any relevant sexual act with a minor aged between 14 and 16 years, taking advantage of the inexperience of the same, is punishable with up to 5 years' imprisonment. | |||
In ] the age of consent for sexual activity is fourteen (14) years, regardless of gender and/or sexual orientation.<ref>{{cite web|url=http://www.state.gov/j/drl/rls/hrrpt/2009/eap/135989.htm |title=2009 Human Rights Report: China (includes Tibet, Hong Kong, and Macau) |publisher=State.gov |date=11 March 2010 |accessdate=11 April 2012}}</ref> | |||
==Hong Kong== | |||
In Hong Kong the age of consent for sexual activity is 16 |
In ] the age of consent for sexual activity is 16 regardless of gender or sexual orientation.<ref name="s">{{Cite web |title=Crimes Ordinance (Cap. 200) s.124 |url=http://www.hklii.org/hk/legis/en/ord/200/s124.html |access-date=2 March 2010 |publisher=HKLII |archive-date=29 March 2010 |archive-url=https://web.archive.org/web/20100329071038/http://www.hklii.org/hk/legis/en/ord/200/s124.html |url-status=live }}</ref> However, the age of consent for a female receiving anal sex is 21.<ref>{{Cite web |title=Crimes Ordinance (Cap. 200) s.118D |url=http://www.hklii.org/eng/hk/legis/ord/200/s118D.html |access-date=6 July 2017 |publisher=HKLII |archive-date=3 June 2021 |archive-url=https://web.archive.org/web/20210603063521/https://www.hklii.org/eng/hk/legis/ord/200/s118D.html |url-status=live }}</ref> | ||
Under s.124 of the Crimes Ordinance (Cap.200),<ref name=s/> a man who has unlawful sexual intercourse with a girl under the age of 16 shall be liable to imprisonment for 5 years. Under s.123 of the Crimes Ordinance,<ref name>{{ |
Under s.124 of the Crimes Ordinance (Cap.200),<ref name=s/> a man who has unlawful sexual intercourse with a girl under the age of 16 shall be liable to imprisonment for 5 years. Under s.123 of the Crimes Ordinance,<ref name="autogenerated1">{{Cite web |title=Crimes Ordinance (Cap. 200) s.123 |url=http://www.hklii.org/hk/legis/en/ord/200/s123.html |access-date=2 March 2010 |publisher=HKLII |archive-date=13 June 2009 |archive-url=https://web.archive.org/web/20090613014911/http://www.hklii.org/hk/legis/en/ord/200/s123.html |url-status=live }}</ref> a man who has unlawful sexual intercourse with a girl under the age of 13 shall be liable to ]. | ||
Under s.122 of the Crimes Ordinance,<ref name>{{ |
Under s.122 of the Crimes Ordinance,<ref name="autogenerated2">{{Cite web |title=Crimes Ordinance (Cap. 200) s.122 |url=http://www.hklii.org/hk/legis/en/ord/200/s122.html |access-date=2 March 2010 |publisher=HKLII |archive-date=4 December 2009 |archive-url=https://web.archive.org/web/20091204152039/http://www.hklii.org/hk/legis/en/ord/200/s122.html |url-status=live }}</ref> a person under the age of 16 cannot in law give any consent which would prevent an act being an assault for the purposes of ]. Hence, a woman who has sexual activity with a boy or a girl under 16 will be prosecuted under this section. | ||
Under s.127 of the Crimes Ordinance, a person who takes an unmarried girl under the age of 18 out of the possession of her parent or guardian against the will of the parent or guardian with the intention that she shall have unlawful sexual intercourse with men or with a particular man shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 7 years."<ref>{{Cite web |title=CAP 200 CRIMES ORDINANCE Section 127 Abduction of unmarried girl under 18 for sexual intercourse |url=https://www.hklii.hk/eng/hk/legis/ord/200/s127.html |access-date=24 November 2019 |website=Hong Kong Legal Information Institute |archive-date=8 July 2021 |archive-url=https://web.archive.org/web/20210708003107/https://www.hklii.hk/eng/hk/legis/ord/200/s127.html |url-status=live }}</ref> | |||
The previous position regarding homosexual couples is contained in s.118C which provides that a man who commits or suffers to commit buggery with a man under the age of 21 is liable on conviction on indictment to imprisonment for life.<ref>{{cite web |url=http://www.hklii.org/hk/legis/en/ord/200/s118c.html |title=Crimes Ordinance (Cap. 200) s.118C |publisher=HKLII |accessdate=2 March 2010}}</ref> However, this section was struck down as unconstitutional in '']''.<ref>{{cite web |url=http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=54227&QS=%2B&TP=JU&currpage=T |title=CACV No. 317 of 2005 }}</ref> | |||
The previous position regarding homosexual couples is contained in s.118C which provides that a man who commits or suffers to commit buggery with a man under the age of 21 is liable on conviction on indictment to imprisonment for life.<ref>{{Cite web |title=Crimes Ordinance (Cap. 200) s.118C |url=http://www.hklii.org/hk/legis/en/ord/200/s118c.html |access-date=2 March 2010 |publisher=HKLII |archive-date=11 January 2009 |archive-url=https://web.archive.org/web/20090111091731/http://www.hklii.org/hk/legis/en/ord/200/s118c.html |url-status=live }}</ref> However, this section was struck down as unconstitutional in '']''.<ref>{{Cite web |title=Result |url=https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=54227&QS=+&TP=JU&currpage=T |website=legalref.judiciary.hk |access-date=15 November 2019 |archive-date=24 February 2021 |archive-url=https://web.archive.org/web/20210224183502/https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=54227&QS=+&TP=JU&currpage=T |url-status=live }}</ref> Hence, the age of consent between two males have been effectively equalized with that between a male and a female, which is 16. | |||
===Macau=== | |||
The general age of consent in ] is 16, regardless of gender and/or sexual orientation. Although people under the age of 18 years old are considered minors, the Criminal Code does not criminalize sex with people older than 16 years of age (except in the specific case of minors aged 16 to 18 years old entrusted to an adult for education or assistance purposes whom have abused such position (article 167/1(b) of the Macau Criminal Code). | |||
Prior to 2012 there was a presumption that a male minor under 14 could not consent to sexual intercourse under any circumstances. The law was changed after a 13-year-old boy attacked a 5-year-old girl at a ] hospital ward; the prosecution was unable to convict him of rape, instead only able to do so for indecent assault. In 2015 an 11-year-old boy and a 13-year-old boy were arrested after they were found having sex with an 11-year-old girl. Under the new laws they have the possibility of having the maximum sentence of life in prison.<ref>{{Citation|title=Lo malo de lo bueno: o las soluciones de Hécate|trans-title=The bad of the good: or Hécate's solution|date=2011-11-25|url=http://dx.doi.org/10.2307/j.ctvt9k2xw.6|pages=39–52|publisher=Herder|doi=10.2307/j.ctvt9k2xw.6|isbn=978-84-254-2828-9|access-date=2021-07-18|archive-date=18 July 2021|archive-url=https://web.archive.org/web/20210718020244/https://www.jstor.org/stable/j.ctvt9k2xw?turn_away=true|url-status=live|author= Paul Watzlawick|url-access=subscription}}</ref> <ref> | |||
Sex with minors younger than 14 years old is more severely punished (1 to 8 years imprisonment) than with minors aged 14 to 16 years old (up to 4 years imprisonment if the perpetrator abused the minor's inexperience). Anal sex, irrespective of being heterosexual or homosexual, has an aggravated punishment (3 to 10 years of jail if practiced with a minor under the age of 14 and up to 4 years if practiced with an older minor).<ref>http://webcache.googleusercontent.com/search?q=cache:_5YOfbc81RAJ:www.gov.mo/egi/Portal/s/treaty/rights-of-child/optional_protocol_part2(macau.china)_en.doc+PART+II+OF+THE+PEOPLE%E2%80%99S+REPUBLIC+OF+CHINA+REPORT+UNDER+ARTICLE+12+OF+THE+PROTOCOL+(MACAO+SPECIAL+ADMINISTRATIVE+REGION)&cd=1&hl=en&ct=clnk {{dead link|date=September 2011}}</ref> | |||
{{Citation|title=Test case for Hong Kong's underage sex law after boys, 11 and 13, arrested for alleged intercourse with girl|date=2011-11-25|url=https://www.scmp.com/news/hong-kong/hong-kong-law-and-crime/article/1851614/test-case-hong-kongs-underage-sex-law-after|publisher=South China Morning Post|access-date=2021-07-18|archive-date=17 May 2023|archive-url=https://web.archive.org/web/20230517083709/https://www.scmp.com/news/hong-kong/hong-kong-law-and-crime/article/1851614/test-case-hong-kongs-underage-sex-law-after|url-status=live}}</ref> | |||
==India== | ==India== | ||
]'s age of consent for sex is 18 under the '']''.<ref name="2013 rape law">{{ |
]'s age of consent for sex is set at 18 years under the '']'', regardless of gender.<ref name="2013 rape law">{{Cite news |date=3 April 2013 |title=New anti-rape law comes into force |work=] |url=http://timesofindia.indiatimes.com/india/New-anti-rape-law-comes-into-force/articleshow/19359543.cms?referral=PM |access-date=23 February 2014 |archive-date=29 November 2019 |archive-url=https://web.archive.org/web/20191129191530/https://timesofindia.indiatimes.com/india/New-anti-rape-law-comes-into-force/articleshow/19359543.cms?referral=PM |url-status=live }}</ref> | ||
In 1892, the ] and subsequent death of |
In 1892, the ] and subsequent death of a 10-year-old girl, ], caused the age of consent to be raised from 10 to 12. In 1949, it was raised to 16 after agitation from women's groups about the adverse effect of early pregnancy.<ref name="confusion">{{Cite news |date=1 April 2013 |title=Age of Confusion |work=] |url=http://indiatoday.intoday.in/story/age-of-consent-sex-parliament-debate/1/259007.html |access-date=23 February 2014 |archive-date=28 February 2014 |archive-url=https://web.archive.org/web/20140228024733/http://indiatoday.intoday.in/story/age-of-consent-sex-parliament-debate/1/259007.html |url-status=live }}</ref> On 3 April 2014 the ] came into effect, which raised the legal permissible age for ] from 16 to 18. Although the ''Criminal Law (Amendment) Act, 2013'' initially sought to lower the age to 16, it was set at 18 due to political pressure from conservative parties.<ref name="govt relents">{{Cite news |date=19 March 2013 |title=Govt relents, keeps age of consent for sex at 18 |work=] |url=http://zeenews.india.com/news/nation/govt-relents-keeps-age-of-consent-for-sex-at-18_836107.html |access-date=23 February 2014 |archive-date=12 February 2014 |archive-url=https://web.archive.org/web/20140212063039/http://zeenews.india.com/news/nation/govt-relents-keeps-age-of-consent-for-sex-at-18_836107.html |url-status=live }}</ref> Section 375 reads: A man is said to commit "rape" if he (...) Sixthly – With or without her consent, when she is ''under eighteen years of age''.<ref>{{Cite web |title=The Criminal Law (Amendment) Act, 2013 No. 13 of 2013 |date=2 April 2013 |url=http://indiacode.nic.in/acts-in-pdf/132013.pdf |url-status=live |archive-url=https://web.archive.org/web/20161219085123/http://indiacode.nic.in/acts-in-pdf/132013.pdf |archive-date=19 December 2016 |access-date=2013-12-25 |df=dmy}}</ref> | ||
=== Legal action on marital rape === | |||
Exception: ″Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault.″ | |||
Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes within marriages as an aggravated offense. A Public Interest Litigation filled by Independent Thought, an organization working on child rights law, was heard in the Supreme Court of India for declaring the exception allowing marital rape within prohibited child marriages as unconstitutional: ''Independent Thought vs. Union of India ''. In the judgment, delivered on 11 October, the Supreme Court bench consisting of Justices Madan B. Lokur and Deepak Gupta read down Exception 2 to Section 375 of the Indian Penal Code (IPC) to hold that sexual intercourse by a man with his own wife if she is below 15 years of age would amount to rape. According to Section 375 Exception, Sexual Intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape. | |||
The ] |
The ] bans "carnal intercourse against the order of nature". It was used to prosecute people for having anal or oral sex, although prosecutions were rare. The law was constitutionally challenged and subsequently read down by the ] in 2009 for violating the human rights of sexual minorities.<ref name="homo_sex">{{Cite news |date=2 July 2009 |title=Delhi HC invokes Nehru, legalises gay sex |work=] |url=http://www.indianexpress.com/news/delhi-high-court-legalises-gay-sex/484039/ |access-date=11 April 2012 |archive-date=4 February 2011 |archive-url=https://web.archive.org/web/20110204175119/http://www.indianexpress.com/news/delhi-high-court-legalises-gay-sex/484039 |url-status=live }}</ref> In 2013, the Supreme Court overturned the Delhi High Court's judgment, recriminalizing homosexuality. However, in 2018, the Supreme Court, on hearing a fresh batch of petitions, declared some parts of the law unconstitutional on the issue, setting the age of consent for consensual homosexual sex at 18, same age for consensual heterosexual sex. | ||
==Indonesia== | ==Indonesia== | ||
According to the Indonesian Penal Code article 287, the age of consent in ] is 15 years old.<ref>{{Cite book |title=Kitab Undang-Undang Hukum Pidana |publisher=]}}</ref> The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Indonesia are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law. | |||
In Indonesia the national age of consent for heterosexual sexual activity is 19 years for males and 16 years for females.<ref></ref> The age of consent for homosexuals is 18. In 2002, the Indonesian Government gave Aceh province the right to introduce Islamic sharia, albeit only to Muslim residents. Fifty two regions have since enacted sharia law from the Qur'an, which criminalizes homosexuality.{{citation needed|date=March 2014}} | |||
Even though the age of consent is 15 years old, the offender can only be charged and prosecuted if a legal complaint is lodged to the law enforcement. Exception to this law is when the age of the victim is under 12 years old, or under certain circumstances such as bodily injury or incest. Stipulated a minimum sentence of 12 years for ] with females under the age of 12. | |||
However, under the Child Protection Act, the age of consent could be raised to 18.<ref>{{Cite book |last=Kejaksaan Negeri |title=Law of The Republic Of Indonesia Number 35 Year 2014 Concerning Amendment To Law Number 23 Year 2002 Regarding Child Protection |year=2014}}</ref> The argument used is that sexual acts with a child could result in bodily and mental injury, while the definition of a child is anyone who is under 18 years old. A reported court verdict using the Child Protection Act was done in 2009 against an Australian national.<ref>{{Cite news |last=Allard |first=Tom |date=27 February 2009 |title=Australian gets eight years in Bali jail for under-age sex |language=en |work=The Sydney Morning Herald |url=http://www.smh.com.au/world/australian-gets-eight-years-in-bali-jail-for-underage-sex-20090226-8jaf.html |access-date=2017-06-29 |archive-date=6 December 2017 |archive-url=https://web.archive.org/web/20171206183405/http://www.smh.com.au/world/australian-gets-eight-years-in-bali-jail-for-underage-sex-20090226-8jaf.html |url-status=live }}</ref> | |||
The age of consent for a homosexual activity is 18 years old in ], same for a heterosexual activity without restrictions.<ref>{{cite web|url=http://typo3.lsvd.de/fileadmin/pics/Dokumente/Homosexualitaet/World_legal_wrap_up_survey._November2006.pdf,|title=LGBT World Legal Wrap up Survey|access-date=23 May 2017|url-status=dead|archive-url=https://web.archive.org/web/20130221032416/http://typo3.lsvd.de/fileadmin/pics/Dokumente/Homosexualitaet/World_legal_wrap_up_survey._November2006.pdf|archive-date=21 February 2013}}</ref> | |||
==Iran== | ==Iran== | ||
Sex outside of marriage is illegal in ].<ref>{{Cite news |last=Tait |first=Robert |date=29 December 2008 |title=Premarital sex on rise as Iranians delay marriage, survey finds |work=The Guardian |url=https://www.theguardian.com/world/2008/dec/29/iran-gender |access-date=21 February 2016 |archive-date=21 February 2016 |archive-url=https://web.archive.org/web/20160221190545/http://www.theguardian.com/world/2008/dec/29/iran-gender |url-status=live }}</ref> The minimum age of marriage in Iran is 15 for men and 13 for women.<ref>{{Cite book |last1=Curtis |first1=Glen E. |url=https://archive.org/details/irancountrystudy00curt_2/page/114 |title=Iran: a country study |last2=Hooglund |first2=Eric |date=2008 |publisher=Library of Congress, Federal Research Division |isbn=978-0-8444-1187-3 |page= |access-date=2014-10-15 |url-access=registration}}</ref><ref>{{Cite journal|title=Abrahamian, Rouben|date=11 August 2020|doi=10.1163/2330-4804_eiro_com_11236|doi-access=free }}</ref> Ways around these regulations include temporary marriages ('']'').<ref>{{Cite web |date=4 October 2000 |title=Temporary marriages |url=http://www.library.cornell.edu/colldev/mideast/tmpmrig.htm |access-date=11 April 2012 |publisher=Library.cornell.edu |archive-date=4 March 2001 |archive-url=https://web.archive.org/web/20010304195736/http://www.library.cornell.edu/colldev/mideast/tmpmrig.htm |url-status=live }}</ref> With the permission of a court, girls may marry at a younger age. In 2010, as many as 42,000 children aged between 10 and 14 were married,<ref>{{Cite news |last=The Guardian |date=26 September 2013 |title=The Guardian, 26 September 2013 |work=The Guardian |url=https://www.theguardian.com/world/2013/sep/26/iran-lawmakers-men-wed-adopted-daughters |access-date=10 December 2016 |archive-date=18 December 2016 |archive-url=https://web.archive.org/web/20161218085317/https://www.theguardian.com/world/2013/sep/26/iran-lawmakers-men-wed-adopted-daughters |url-status=live }}</ref> and 716 girls younger than 10 had wed.<ref>{{Cite news |last=The Telegraph |date=26 August 2012 |title=The Telegraph, 26 Aug 2012 |work=The Telegraph |url=https://www.telegraph.co.uk/news/worldnews/middleeast/iran/9500484/Alarm-as-hundreds-of-children-under-age-of-10-married-in-Iran.html |access-date=4 April 2018 |archive-date=9 March 2018 |archive-url=https://web.archive.org/web/20180309123330/https://www.telegraph.co.uk/news/worldnews/middleeast/iran/9500484/Alarm-as-hundreds-of-children-under-age-of-10-married-in-Iran.html |url-status=live }}</ref> | |||
In Iran, sex outside marriage, regardless of age, is illegal. The minimum age of marriage in Iran is 18 for men and 16 for women.<ref>{{cite web|author= |url=http://www.payvand.com/news/10/apr/1174.html |title=Payvand Iran News, Mehdi Baghernejad, 18 April 2010 |publisher=Payvand.com |date=13 March 2010 |accessdate=11 April 2012}}</ref> Ways around these regulations include temporary marriages (]).<ref>{{cite web|url=http://www.library.cornell.edu/colldev/mideast/tmpmrig.htm |title=Temporary marriages |publisher=Library.cornell.edu |date=4 October 2000 |accessdate=11 April 2012}}</ref> | |||
==Iraq== | ==Iraq== | ||
The age of consent in Iraq is 18. "Any person who sexually assaults a boy or girl under the age of 18 without the use of force, menaces or deception is punishable by detention..." | The age of consent in ] is set at 18, regardless of gender and/or sexual orientation. "Any person who sexually assaults a boy or girl under the age of 18 without the use of force, menaces or deception is punishable by detention..." | ||
"Any person who has sexual intercourse with a female relative to the third generation under the age of 15 with her consent and the offence leads to her death, to pregnancy or loss of virginity ."<ref>http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf</ref> | "Any person who has sexual intercourse with a female relative to the third generation under the age of 15 with her consent and the offence leads to her death, to pregnancy or loss of virginity ."<ref>{{Cite web |title=School of Law | Case Western Reserve University |url=http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf |url-status=dead |archive-url=https://web.archive.org/web/20121021100954/http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf |archive-date=21 October 2012 |access-date=2012-10-21 |df=dmy}}</ref> | ||
==Israel== | ==Israel== | ||
According to the Israeli Penal Code of 1977 the age of consent in Israel is 16 for any form of sexual relations involving penetration. A special case arises when a person aged 14 or 15 had sexual relations with an older partner; in this case the older partner would be exempt of criminal liability if three conditions are met: the age difference between the partners was less than three years, the younger partner gave consent and the act was done out of "regular friendly relations" and without the abuse of power. |
According to the Israeli Penal Code of 1977 the age of consent in ] is 16 regardless of gender or sexual orientation, for any form of sexual relations involving penetration. A special case arises when a person aged 14 or 15 had sexual relations with an older partner; in this case the older partner would be exempt of criminal liability if three conditions are met: the age difference between the partners was less than three years, the younger partner gave consent and the act was done out of "regular friendly relations" and without the abuse of power.<ref> . Baker McKenzie </ref> | ||
==Japan== | ==Japan== | ||
The age of consent in Japan is |
The age of consent in Japan is 16 years old, according to Articles 176 and 177 of the ] (as amended in 2023). | ||
In the original 1907 Penal Code, the age of consent was 13 years old, which by 2023 was among the world's lowest.<ref name="West">{{Cite book |last=West |first=Mark D. |url=https://books.google.com/books?id=A9CDvNs35ooC&pg=PA254 |title=Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States |date=2008 |publisher=] |isbn=978-0-2268-9411-9 |pages=254–255 |access-date=26 January 2021 |archive-date=8 July 2021 |archive-url=https://web.archive.org/web/20210708003147/https://books.google.com/books?id=A9CDvNs35ooC&pg=PA254 |url-status=live }}</ref> Article 176 ("Forcible Indecency") established a penalty of 6 months to 10 years of imprisonment for "indecent acts" with males and females under 13 years old, and Article 177 ("Rape") established a minimum sentence of 3 years for ] with females under 13.<ref name="Japanese Penal Code">{{Cite web |date=1907 |title=English translation of the Penal Code |url=http://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf |publisher=] |page=37 |quote=Article 176. (Forcible Indecency) – 'A person who, through assault or intimidation, forcibly commits an indecent act upon a male or female of not less than thirteen years of age shall be punished by imprisonment with work for not less than 6 months but not more than 10 years. The same shall apply to a person who commits an indecent act upon a male or female under thirteen years of age.' Article 177. (Rape) – 'A person who, through assault or intimidation, forcibly commits sexual intercourse with a female of not less than thirteen years of age commits the crime of rape and shall be punished by imprisonment with work for a definite term of not less than 3 years. The same shall apply to a person who commits sexual intercourse with a female under thirteen years of age.' |orig-date=amended 2006 |access-date=15 July 2014 |archive-date=22 July 2017 |archive-url=https://web.archive.org/web/20170722072904/http://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf |url-status=live }}</ref> In 2017, Article 177 was amended to specify vaginal, anal, and oral intercourse, to apply to all persons instead of females, and to increase the minimum sentence to 5 years.<ref>{{Cite web |date=1907 |title=Penal Code |url=http://www.japaneselawtranslation.go.jp/law/detail/?yo=%E5%88%91%E6%B3%95 |website=Japanese Law Translation |publisher=] |quote=Article 177 (Indecency through Compulsion) – 'A person who, through assault or intimidation forcibly engages in vaginal intercourse, anal intercourse or oral intercourse (hereinafter referred to as "sexual intercourse") with another person of not less than thirteen years of age is guilty of the crime of forcible sexual intercourse, and is punished by imprisonment for a definite term of not less than 5 years. The same applies to a person who engages in sexual intercourse against another person under thirteen years of age.' |orig-date=amended 2017 |access-date=3 March 2021 |archive-date=8 July 2021 |archive-url=https://web.archive.org/web/20210708003054/http://www.japaneselawtranslation.go.jp/law/detail/?yo=%E5%88%91%E6%B3%95 |url-status=dead }}</ref><ref>{{Cite news |date=23 June 2017 |script-title=ja:改正刑法施行は7月13日 性犯罪を厳罰化 |language=ja |trans-title=Enforcement of the revised Penal Code on July 13 will make sex crimes more punishable |work=] |url=https://www.nikkei.com/article/DGXLASDG23H21_T20C17A6CR0000 |access-date=2 March 2021 |archive-date=24 October 2020 |archive-url=https://web.archive.org/web/20201024093836/https://www.nikkei.com/article/DGXLASDG23H21_T20C17A6CR0000/ |url-status=live }}</ref> In 2023, the two articles were amended to raise the age of consent from 13 to 16 years old. An exception was included for sexual acts involving persons aged 13 to 15, by which the older partner is only subject to penalty if five or more years older. The amendments were part of a larger reform of Japan's sex crime legislation.<ref name="guard160623" /><ref name="bbc160623" /> | |||
The national age of consent is 13 as specified by the ] Articles 176 (Forcible Indecency) and 177 (Rape).<ref name=japanesepenalcode>{{cite web | |||
| url = http://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf | |||
| title = Penal Code of Japan (Japanese-English) | |||
| author = | quote = Article 176. (Forcible Indecency) - 'A person who, through assault or intimidation, forcibly commits an indecent act upon a male or female of not less than thirteen years of age shall be punished by imprisonment with work for not less than 6 months but not more than 10 years. The same shall apply to a person who commits an indecent act upon a male or female under thirteen years of age.' Article 177 (Rape) - 'A person who, through assault or intimidation, forcibly commits sexual intercourse with a female of not less than thirteen years of age commits the crime of rape and shall be punished by imprisonment with work for a definite term of not less than 3 years. The same shall apply to a person who commits sexual intercourse with a female under thirteen years of age.'| accessdate = 2014-07-15 | date = | publisher = ] | |||
}}</ref> | |||
An array of local ordinances adopted in all 47 Japanese prefectures, known as {{nihongo||]|Seishōnen Hogo Ikusei Jōrei|"Bylaws for Protecting and Nurturing Adolescents"}} forbid sexual acts judged {{nihongo|"indecent"|淫行|inkō}} between adolescents (defined as persons under 18) and adults;<ref name="Akabayashi">{{Cite web |last1=Akabayashi |first1=Hideo |last2=Toda |first2=Akihito |date=14 March 2017 |title=Prohibiting Sex or Prohibiting True Love? An Empirical Assessment of Effect of Statutory Rape Law on Teenage Marriage in Japan |url=https://ies.keio.ac.jp/en/publications/7411/ |website=Institute for Economic Studies |publisher=] |pages=6–7 |access-date=6 February 2021 |archive-date=10 April 2021 |archive-url=https://web.archive.org/web/20210410224920/https://ies.keio.ac.jp/en/publications/7411/ |url-status=live }}</ref><ref name="McLelland">{{Cite journal |last=McLelland |first=Mark J. |date=2011 |title=Thought policing or the protection of youth? Debate in Japan over the "Nonexistent youth bill" |url=https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1272&context=artspapers |url-status=live |journal=International Journal of Comic Art |volume=13 |issue=1 |pages=348–367 |archive-url=https://web.archive.org/web/20210504012956/https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1272&context=artspapers |archive-date=4 May 2021 |access-date=2 March 2021}}</ref> 12 prefectures adopted such a bylaw in the 1950s, 19 in the 1960s, 13 in the 1970s, 2 in the 1980s, and the last (]) in 2016.<ref name="Akabayashi" /> A 1985 decision of the ] held that the ordinances were not to be broadly interpreted as forbidding all sexual acts with adolescents, but only those "conducted by unfair means that take advantage of the juvenile's mental or physical immaturity, such as by enticing, threatening, deceiving, or confusing, as well as where the juvenile is treated merely as an object to satisfy one's own sexual desires."<ref name="1985SupremeCourt">{{Cite web |date=October 23, 1985 |title=Supreme Court Grand Bench Judgement (Case 1982(A)621) |url=https://www.courts.go.jp/app/files/hanrei_jp/269/050269_hanrei.pdf |publisher=] |page=2 |language=ja |quote=本条例一〇条一項の規定にいう「淫行」 とは、広く青少年に対する性行為一般をいうものと解すべきではなく、青少年を誘 惑し、威迫し、欺罔し又は困惑させる等その心身の未成熟に乗じた不当な手段によ り行う性交又は性交類似行為のほか、青少年を単に自己の性的欲望を満足させるた めの対象として扱つているとしか認められないような性交又は性交類似行為をいう ものと解するのが相当である。 けだし、右の「淫行」を広く青少年に対する性行為 一般を指すものと解するときは、「淫らな」性行為を指す「淫行」の用語自体の意 義に添わないばかりでなく、例えば婚約中の青少年又はこれに準ずる真摯な交際関 係にある青少年との間で行われる性行為等、社会通念上およそ処罰 |access-date=3 March 2021 |archive-date=14 December 2020 |archive-url=https://web.archive.org/web/20201214062451/https://www.courts.go.jp/app/files/hanrei_jp/269/050269_hanrei.pdf |url-status=live }}</ref><ref name="McLelland" /> The Supreme Court also ruled that sexual acts within "socially accepted norms", such as within marriage, engagement, or a "similar sincere relationship", were not "indecent".<ref name="1985SupremeCourt" /><ref name="Akabayashi" /> As of 2004, about 1,000 offenses by adults are punished annually under these bylaws; a typical penalty is a ¥300,000 fine and a ].<ref name="West" /> | |||
However, all prefectures and districts have local laws regarding sexual intercourse and age of consent that set the age higher than the national law. These "Obscenity Ordinances" (]) forbid sexual activity with anyone under 18 years of age, and because they are largely the same for all prefectures, make the ] age of consent 18 for all of Japan.<ref>{{cite web |url=http://www8.cao.go.jp/youth/kenkyu/jourei/pdf_index.html |title=都道府県青少年保護育成条例集 (平成20年12月1日現在) |language=Japanese |trans_title=State Seishonenhogoikuseijorei Collection (December 1, 2008) |publisher=] |date=2008-12-01 |accessdate=2014-07-15 }}</ref> | |||
==Jordan== | ==Jordan== | ||
The age of consent in ] is set at 18 years old, regardless of gender and/or sexual orientation, according to the country's penal code. | |||
The age of consent in Jordan is 18 for sex outside of marriage, although females over 15 can consent to sex if they are married to their partner.<ref>http://www.womensviewsonnews.org/2010/08/jordanian-law-allows-girls-as-young-as-15-to-be-married-even-though-age-of-consent-is-18/</ref> | |||
==Kazakhstan== | ==Kazakhstan== | ||
The age of consent in Kazakhstan is 16, according to article 122 of the Criminal Code. | The age of consent in Kazakhstan is 16, according to article 122 of the Crime Criminal Code. | ||
''Article 122. Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age | ''Article 122''. Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age, the guilty party being aware of that fact, shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years.<ref name="Kazakhstan" /> | ||
''Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age, the guilty party being aware of that fact, shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years.'' '' | |||
==Kuwait== | ==Kuwait== | ||
Sexual activity outside marriage is illegal in Kuwait.<ref name="Kuwait">{{ |
Sexual activity outside marriage is illegal in ].<ref name="Kuwait">{{Cite web |title=Summary record of the 488th meeting : Kuwait |url=http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument |access-date=2009-09-05 |publisher=Committee on the Rights of the Child |archive-date=31 October 2015 |archive-url=https://web.archive.org/web/20151031125832/http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument |url-status=live }}</ref><ref name="unhchr.ch">{{Cite web |title=United Nations Human Rights Website – Treaty Bodies Database – Document – Summary Record – Kuwait |url=http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument |archive-url=https://web.archive.org/web/20151031125832/http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument |archive-date=2015-10-31 |access-date=11 April 2012 |publisher=Unhchr.ch}}</ref> The marriageable age is 15 for girls and 17 for boys.<ref name="unhchr.ch" /> | ||
==Kyrgyzstan== | ==Kyrgyzstan== | ||
The age of consent in Kyrgyzstan is 16. |
The age of consent in ] is 16, regardless of gender or sexual orientation. This is established by Article 132 of the penal code, and only applies to offenders over age 18. | ||
Article 133 forbids "lecherous actions" against persons below 14 committed without violence. Anyone aged 16 (the general age of criminal responsibility) or above can be punished under this section.<ref name="Kyrgyzstan" /> | |||
==Laos== | ==Laos== | ||
The age of consent in Laos is 15.<ref>Joe |
The age of consent in ] is 15 regardless of gender or sexual orientation.<ref>{{Cite book|date=2007-10-18|chapter=Joe Guy|chapter-url=http://dx.doi.org/10.5040/9781408167809.00000004|doi=10.5040/9781408167809.00000004|isbn=9781408167809|access-date=18 July 2021|archive-date=18 July 2021|archive-url=https://web.archive.org/web/20210718020240/https://www.dramaonlinelibrary.com/playtext-overview?docid=do-9781408167809&tocid=do-9781408167809-div-00000004|url-status=live }}</ref> Article 129 of the Laos ''Penal Code'' provides for a penalty of 1–5 years' imprisonment and a fine of 2–5 million kip.<ref>{{Cite web |title=Interpol: Laos |url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaLaos.pdf |url-status=dead |archive-url=http://arquivo.pt/wayback/20080229152549/http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaLaos.pdf |archive-date=2008-02-29}}</ref> | ||
==Lebanon== | ==Lebanon== | ||
The age of consent for sex in Lebanon is 18 for both males and females |
The age of consent for sex in ] is 18 for both males and females in regardless of gender or sexual orientation.<ref name="Lebanon" /> | ||
Article 505 of the Penal Code states, "Whoever commits a sexual act with a minor of less than fifteen (15) years, shall be punished with hard labor of up to fifteen (15) years. This penalty shall be for a minimum of five (5) years, if the victim has not attained the age of twelve (12) years. And whoever commits a sexual act with a minor aged more than fifteen (15) to years but less than eighteen (18) years, shall be punished by imprisonment for a period varying between 2 months and 2 years." | |||
Article 505 of the Penal Code<ref>{{cite web|url=http://jurisdiarium.blogspot.com/2007/11/code-pnal-libanais.html |title=Juris diarium: Code pénal libanais |publisher=Jurisdiarium.blogspot.com |date=30 November 2007 |accessdate=11 April 2012}}</ref> | |||
According to Lebanese Marital Law, individuals aged between 15 (14 in the case of females with judicial consent) and 18, may marry in exceptional cases (when factoring in areas of the law, such as and including both parental and judicial consent), and in the cases of females - marriage is allowed outright, as an unrestricted right, from the age of 17. However it is unclear, as to what extent sex within the confines of marriage impacts on the general age of consent. | |||
''Approximate translation'': | |||
" Whoever commits a sexual act with a minor of less than fifteen (15) years, shall be punished with hard labor of up to fifteen (15) years. This penalty shall be for a minimum of five (5) years, if the victim has not attained the age of twelve (12) years. And whoever commits a sexual act with a minor aged more than fifteen (15) years but less than eighteen (18) years, shall be punished by imprisonment for a period varying between 2 months and 2 years ". | |||
==Macau== | |||
Sodomy is punishable with imprisonment not exceeding one year. | |||
The general age of consent in ] is 14, regardless of gender or sexual orientation, provided that the older participant did not abuse their inexperience of a person aged 14 or 15. | |||
Otherwise the general age of consent is 16 years of age (except in specific cases where an individual aged 16 to 18 years of age is entrusted to an adult for education or assistance purposes whom have abused such position - as specified under article 167/1(b) of the Macau Criminal Code). | |||
In Lebanon homosexuality is illegal.<ref>{{cite web|url=http://www.ageofconsent.com/lebanon.htm |title=Lebanon – Age of Consent Age du consentement à l’acte sexuel |publisher=Ageofconsent.com |accessdate=11 April 2012}}</ref> | |||
Sex with minors younger than 14 years old is more severely punished (1 to 8 years' imprisonment) compared to minors aged 14 or 15 (up to 4 years' imprisonment if the perpetrator abused the minor's inexperience). Anal sex, irrespective of the gender or orientation of the participants (male-male, female-female, male-female), has an aggravated punishment (3 to 10 years of prison if practiced with a minor under the age of 14 and up to 4 years if practiced with an older minor).<ref>{{Cite web |title=Redirect page |url=http://bo.io.gov.mo/bo/i/95/46/codpenpt/codpen0101.asp |url-status=live |archive-url=https://web.archive.org/web/20160328050908/http://bo.io.gov.mo/bo/i/95/46/codpenpt/codpen0101.asp |archive-date=28 March 2016 |access-date=2015-09-01 |df=dmy}}</ref> | |||
==Malaysia== | ==Malaysia== | ||
The de facto age of consent for heterosexual sex in ] is 16 for both sexes, as ]. | |||
The age of consent for sex in Malaysia is 16 for both sexes.<ref>{{cite web|url=http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.interpol.int%2FPublic%2FChildren%2FSexualAbuse%2FNationalLaws%2FcsaMalaysia.pdf&images=yes |title=Sexual Offences Laws – Malaysia – Interpol |publisher=Pdfdownload.org |accessdate=11 April 2012}}</ref> | |||
Under the Malaysian Penal Code (Act 574), Section 375, the specified age is 16; | |||
{{Blockquote| Rape. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions: (...) Sixthly – With or without her consent, when she is under sixteen years of age.<ref>{{Cite web |title=Malaysia: Laws of Malaysia, Act 574: Penal Code, Section 375 – Rape |url=http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Penal%20Code%20%5BAct%20574%5D2.pdf |access-date=13 December 2016 |publisher=Parliament of Malaysia |archive-date=3 December 2020 |archive-url=https://web.archive.org/web/20201203104609/http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Penal%20Code%20[Act%20574]2.pdf |url-status=live }}</ref>|}} | |||
Section 375 | |||
However, Article 17 of the ] makes any sexual touching of a child (defined as under 18 years) punishable by up to 20 years imprisonment.<ref>{{Cite web |title=Laws of Malaysia Act 792 Sexual Offences against Children Act 2017 |url=http://www.federalgazette.agc.gov.my/outputaktap/aktaBI_20170707_WJW008739BI.pdf |url-status=dead |archive-url=https://web.archive.org/web/20181123192019/http://www.federalgazette.agc.gov.my/outputaktap/aktaBI_20170707_WJW008739BI.pdf |archive-date=23 November 2018 |access-date=8 January 2020}}</ref> | |||
Rape. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions: (...) Sixthly – With or without her consent, when she is under sixteen years of age.<ref>{{cite web|url=http://www.humantrafficking.org/government_law/33 |title=Malaysia: Government Laws | Women and Girls Protection Act, Act 106 (1973) – Definition of Rape |publisher=HumanTrafficking.org |accessdate=11 April 2012}}</ref> | |||
==Maldives== | ==Maldives== | ||
Sexual activity outside marriage is illegal in ]. | |||
Sexual activity outside marriage is illegal in Maldives. The legal age of marriage is 18 for both males and females although half the females are married by the age of 15.<ref>{{cite web|url=http://www.everyculture.com/Ja-Ma/Maldives.html |title=Culture of Maldives – history, people, clothing, women, beliefs, food, customs, family, social |publisher=Everyculture.com |date=11 November 1968 |accessdate=11 April 2012}}</ref> | |||
The legal age of marriage is 18 for both males and females (16 with parental consent). | |||
==Mongolia== | ==Mongolia== | ||
The age of consent in Mongolia is 16, regardless of gender |
The age of consent in ] is 16, regardless of gender or sexual orientation.<ref>{{Cite web |title=Microsoft Word – Mongolia Template Start.doc |url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaMongolia.pdf |url-status=dead |archive-url=http://arquivo.pt/wayback/20080229151944/http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaMongolia.pdf |archive-date=2008-02-29}}</ref> | ||
==Myanmar== | |||
Article 110. | |||
The age of consent in Myanmar is 16. It was raised from 14 with the amendment of the ] section 375, paragraph 5 in 2016. | |||
Sexual intercourse with a person below the age of 16 years shall be punished to imprisonment for a term not to exceeding 3 years or to correctional work not | |||
exceeding 1 years and 6 months.<ref>http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaMongolia.pdf</ref> | |||
If married, the legal age is now 15.<ref>{{Cite web |date=13 June 2017 |title=Proposed amendments raise statutory rape age to 15 |url=https://www.mmtimes.com/national-news/yangon/26356-proposed-amendments-raise-statutory-rape-age-to-15.html |website=The Myanmar Times |access-date=9 May 2019 |archive-date=9 May 2019 |archive-url=https://web.archive.org/web/20190509030953/https://www.mmtimes.com/national-news/yangon/26356-proposed-amendments-raise-statutory-rape-age-to-15.html |url-status=live }}</ref> | |||
==Nepal== | ==Nepal== | ||
The age of consent in ] is 18 regardless of gender or sexual orientation.<ref>{{Cite web |title=Civil Code of Nepal 2017 |url=http://www.moljpa.gov.np/en/wp-content/uploads/2018/12/Civil-code.pdf |access-date=27 June 2020 |website=moljpa.gov.np/ |language=en |archive-date=29 May 2020 |archive-url=https://web.archive.org/web/20200529084652/http://www.moljpa.gov.np/en/wp-content/uploads/2018/12/Civil-code.pdf |url-status=live }}</ref> | |||
The age of consent in Nepal is 18.<ref>http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaNepal.pdf</ref> | |||
==North Korea== | ==North Korea== | ||
The age of consent in ] is 15.<ref>{{Cite web |year=2016 |title=Pŏpchŏn |script-title=ko:법전 |trans-title=Criminal Law |url=https://upload.wikimedia.org/wikipedia/commons/a/ae/%E3%80%8A%EC%A1%B0%EC%84%A0%EB%AF%BC%EC%A3%BC%EC%A3%BC%EC%9D%98%EC%9D%B8%EB%AF%BC%EA%B3%B5%ED%99%94%EA%B5%AD_%EB%B2%95%EC%A0%84_%28%EC%A6%9D%EB%B3%B4%ED%8C%90%29%E3%80%8B%28%EB%B2%95%EB%A5%A0%EC%B6%9C%ED%8C%90%EC%82%AC%29.pdf |publisher=Law Publishing House |page=526 |language=ko-KP |via=]}}</ref><ref>{{Cite web |date=11 March 2010 |title=2009 Human Rights Report: Democratic People's Republic of Korea |url=https://www.state.gov/g/drl/rls/hrrpt/2009/eap/135995.htm |url-status=dead |archive-url=https://web.archive.org/web/20100324230107/http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135995.htm |archive-date=24 March 2010 |access-date=11 April 2012 |publisher=State.gov}}</ref>{{Text and translation|A person who has sexual intercourse with a minor under the age of fifteen shall be punished by reform through labour for less than one year. In cases where the person has intercourse multiple times, the person shall be punished by reform through labour for less than five years.|{{lang|ko-KP|15살에 이르지 못한 미성인과 성교한자는 1년이하의 로동단련형에 처한다. 여러번 성교한 경우에는 5년이하의 로동교화형에 처한다.}}|Article 281, Criminal Law, 2016}} | |||
The age of consent in North Korea is 15. Article 153 of the criminal law states that a man who has sexual intercourse with a girl under the age of 15 shall be "punished gravely."<ref>{{cite web|url=http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135995.htm |title=2009 Human Rights Report: Democratic People's Republic of Korea |publisher=State.gov |date=11 March 2010 |accessdate=11 April 2012}}</ref> | |||
==Oman== | ==Oman== | ||
Sexual activity outside marriage is illegal in ].<ref name="Interpol 2012" /> | |||
Sexual activity outside marriage is illegal in Oman.<ref>{{cite web|url=http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaOman.pdf |title=Interpol |publisher=Interpol |accessdate=11 April 2012}}</ref> The legal age for marriage is 18 for both men and women.<ref>{{cite book|url=http://books.google.com/books?id=yj-MrJ_tOk4C&pg=PA238&lpg=PA238&dq=marriageable+age+oman&source=bl&ots=z8pIXyYI3e&sig=nN_ec_kljGMUO6-zeKUriLgRXsQ&hl=en&ei=ryXHTJ2JOc_wsgafkq3tDQ&sa=X&oi=book_result&ct=result&resnum=2&sqi=2&ved=0CB8Q6AEwAQ#v=onepage&q=marriageable%20age%20oman&f=false |title=Religious legal traditions, international human rights law and Muslim states – Kamran Hashemi |publisher=Google Books |accessdate=11 April 2012}}</ref> | |||
==Pakistan== | ==Pakistan== | ||
Sexual activity outside marriage is illegal in ].<ref>{{Cite news |last=Smith-Spark |first=Laura |date=1 October 2004 |title=What is a 'right' age of consent? |work=] |url=http://news.bbc.co.uk/2/hi/uk_news/3699814.stm |access-date=10 June 2015 |archive-date=25 January 2021 |archive-url=https://web.archive.org/web/20210125005409/http://news.bbc.co.uk/2/hi/uk_news/3699814.stm |url-status=live }}</ref> | |||
The legal age for marriage is 18 for both men and women. Non-marital sex is ], according to the principles of ]. | |||
The minimum legal age of marriage is 18 for males, and 16 for females (with the exception of both Sindh and the Punjab, where the minimum age of marriage is set at 18 for both sexes).<ref>{{Cite news |date=November 20, 2023 |title=Child Marriage Restraint Act (1929) |pages=https://www.refworld.org/pdfid/4c3f19a02.pdf |work=RefWorld |url=https://www.refworld.org/pdfid/4c3f19a02.pdf |access-date=27 November 2023 }}</ref> | |||
==Philippines== | |||
The age of consent in the Philippines is complex. ] lists the age of consent of Philippines as 18.<ref> (archived from on 2011-06-22)</ref> However, the adult involved in perpetrating the lewd act cannot be prosecuted due to limitations in the law.{{citation needed|date=June 2013}} Sex with a child under 12 is considered rape.<ref>{{cite web|url=http://www.chanrobles.com/republicactno8353.htm|title=The Anti-Rape Law of 1997|publisher=Chan Robles Law Library}}</ref> | |||
==Palestine== | |||
However, for the purposes of child pornography, the country still adopts the international definition of a child in all its legislations, which is below 18 years old and although above eighteen, but with a mental capacity of a child below 18. {{citation needed|date=June 2013}} According to Section 5 of the Republic Act N°7610, pictures taken of a lewd act by an adult in the locations mentioned in Section 6 of the Republic Act N°7610 of a child under 18, as well as the manager or owner of the establishment where the prostitution takes place can be prosecuted if the child has sex "due to the coercion or influence" from that adult ''or'' if the child is paid (see below).{{citation needed|date=June 2013}} | |||
===Gaza Strip=== | |||
In the ], any kind of sexual activity outside ] is ].<ref>{{Cite web |title=Jordanian Penal Code No.16 of 1960 (selected provisions relating to women) – 2: Title VII – Offences against Public Ethics and Morality – Chapter I – Offences against Honour |url=http://corpus.learningpartnership.org/jordanian-penal-code-no-16-of-1960-selected-provisions-relating-to-women-2-title-vii-offences-against-public-ethics-and-morality-chapter-i-offences-against-honour |url-status=dead |archive-url=https://web.archive.org/web/20171110225449/http://corpus.learningpartnership.org/jordanian-penal-code-no-16-of-1960-selected-provisions-relating-to-women-2-title-vii-offences-against-public-ethics-and-morality-chapter-i-offences-against-honour |archive-date=10 November 2017 |access-date=11 November 2017 |website=Corpus of Laws |df=dmy-all}}</ref> | |||
===West Bank=== | |||
The age of sexual consent is the same as in Jordan. Consensual sex is legal at the age of 18 years regardless of gender.<ref>{{Cite web |title=Jordan Penal Code (1960) |url=https://www.scribd.com/document/265701032/Jordan-Penal-Code-1960 |access-date=10 November 2017 |website=Scribd |publisher=Social Media Exchange Association |archive-date=25 July 2020 |archive-url=https://web.archive.org/web/20200725002713/https://www.scribd.com/document/265701032/Jordan-Penal-Code-1960 |url-status=live }}</ref> | |||
==Philippines== | |||
The minimum age for consensual sex is set at 16 years, regardless of gender and/or sexual orientation.<ref>{{cite web |title=Republic Act 11648 |url=https://www.officialgazette.gov.ph/downloads/2022/03mar/20220304-RA-11648-RRD.pdf |website=Official Gazette |access-date=7 March 2022}}</ref><ref name=CNNPhil2022>{{cite web |url=https://www.cnnphilippines.com/news/2022/3/7/Age-of-sexual-consent-Philippines-law.html |title=PH raises age of sexual consent from 12 to 16 |publisher=] |date=2022-03-07 |accessdate=2022-03-06 |archive-date=2022-03-07 |archive-url=https://web.archive.org/web/20220307040740/https://www.cnnphilippines.com/news/2022/3/7/Age-of-sexual-consent-Philippines-law.html |url-status=dead}}</ref> There is a close in age exemption for adolescents aged 13–15 if their partner is less than three years older.<ref name=CNNPhil2022 /> | |||
Until 2022, the age of consent was 12.<ref name=CNNPhil2022 /> Sexual intercourse with a person under the age of 12 was defined as rape, under Chapter 3, Article 266 of the Anti-Rape Law of 1997.<ref name="state.gov">{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/2013/eap/220224.htm |title=Philippines |access-date=2015-06-08 |df=dmy}} on 2013-02-27)</ref> | |||
Sexual intercourse with a person ''under the age of 12'' is defined as rape: | |||
However, while consensual sex with a person under age 18 is not statutory rape, it is still a violation of the law if the child is found to be "exploited in prostitution or subject to other sexual abuse".<ref>, The Manila Times, January 2017</ref> Under Republic Act No. 7610,<ref>{{Cite web |url=https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html |title=An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, And For Other Purposes |access-date=3 December 2019 |archive-date=3 December 2019 |archive-url=https://web.archive.org/web/20191203151137/https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html |url-status=dead }}</ref> a child is defined as a person below 18 years of age and the law reads: | |||
:Chapter Three | |||
{{blockquote|Article III, Section 5. Child Prostitution and Other Sexual Abuse. | |||
:Rape | |||
:Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.<ref>{{Cite web |url=http://www.unescap.org/esid/psis/population/database/poplaws/law_phi/phi_018.htm |title=Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act), Republic of the Philippines |date=22 July 1991 |publisher=Unescap.org |url-status=dead |archive-url=https://web.archive.org/web/20040223233428/http://www.unescap.org/esid/psis/population/database/poplaws/law_phi/phi_018.htm |archive-date=23 February 2004 |access-date=2012-04-11 |df=dmy-all}}</ref>}} | |||
"Other sexual abuse" requires "some form of compulsion equivalent to intimidation". The courts have specified that "influence" means "improper use of power or trust in any way that deprives a person of free will and substitutes another's objective".<ref>{{Cite web |url=http://www.chanrobles.com/cralaw/2013junedecisions.php?id=483 |title=G.R. No. 198732, June 10, 2013 - CHRISTIAN CABALLO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. : JUNE 2013 - PHILIPPINE SUPREME COURT JURISPRUDENCE - CHANROBLES VIRTUAL LAW LIBRARY |website=chanrobles.com}}</ref> | |||
Although it does not specifically deal with sexual activity, Article VI, Section 10 of Republic Act 7610 can be considered to establish a de facto maximum close in age exception of 10 years for minors aged 12 to 17 years. | |||
:"Article 266-A. Rape: When And How Committed. – Rape is committed: "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: | |||
"a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; | |||
"c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.<ref>{{cite web|author=Joselito Guianan Chan, Managing Partner, Chan Robles & Associates Law Firm |url=http://www.chanrobles.com/republicactno8353.htm |title=Philippine Laws, Statutes And Codes – Chan Robles Virtual Law Library |publisher=Chanrobles.com |date=30 September 1997 |accessdate=11 April 2012}}</ref> | |||
{{blockquote|ARTICLE VI Other Acts of Abuse | |||
In regard to children under the age of 18, the law reads (as described earlier in the act as an individual under the age of 18): | |||
:Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development... | |||
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prison mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.<ref>{{cite web |url=https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html |title=R.a. 7610 |access-date=3 December 2019 |archive-date=3 December 2019 |archive-url=https://web.archive.org/web/20191203151137/https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html |url-status=dead }}</ref>}} | |||
Articles 337–338 of the same Anti-Rape Law of 1997 specifies the crime of "simple seduction"; this requires gaining the consent of a 12-17-year-old through the use of deceit (generally a false promise of marriage),<ref>{{Cite web|url=https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL_revised_penal_code.pdf|title=The Revised Penal Code of the Philippines|archive-url=https://web.archive.org/web/20230213094659/https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL_revised_penal_code.pdf |archive-date=13 February 2023 }}</ref> and Article 343 that defines eloping with a girl 12–18 as consented abduction, which is also outlawed.<ref>, philippineslifestyle.com</ref> | |||
:Article III, Section 5. Child Prostitution ''and Other Sexual Abuse'' . | |||
Several proposals had been made to increase the age of sexual consent from 12 to 18 years old in the 2010s.<ref>{{Cite web |url=https://www.senate.gov.ph/press_release/2019/0809_delima3.asp |title=De Lima wants to raise age of sexual consent from 12 to 18 |website=senate.gov.ph |date=2019-08-09 |access-date=2020-02-09}}</ref> In 2020, the ] Committees on Revision of Laws and Welfare of Children passed a proposal to raise it to 16.<ref>{{cite web |url=http://www.cnnphilippines.com/news/2020/8/27/House-panels-approve-bill-statutory-rape-age-16.html |title=House panels approve bill raising age for statutory rape to 16 |publisher=] |date=2020-08-27 |access-date=2020-08-27 |archive-date=28 August 2020 |archive-url=https://web.archive.org/web/20200828031612/https://cnnphilippines.com/news/2020/8/27/House-panels-approve-bill-statutory-rape-age-16.html |url-status=dead}}</ref> In September 2021, the Philippine Senate unanimously voted in favor of the age of consent bill, with 22 senators backing it and an abstention by one senator,<ref>{{Cite web |url=https://www.jurist.org/news/2021/09/philippines-senate-unanimously-raises-age-of-sexual-consent-from-12-to-16/ |title=Philippines senate unanimously raises age of sexual consent from 12 to 16 |publisher=Jurist |date=2021-09-29 |access-date=2022-03-18}}</ref><ref>{{Cite web |url=https://www.reuters.com/world/asia-pacific/philippines-senate-backs-bill-raise-sexual-consent-age-12-16-2021-09-28/|title=Philippines Senate backs bill to raise sexual consent age from 12 to 16 |publisher=] |date=2021-09-28 |access-date=2022-03-18}}</ref><ref>{{Cite web |url=https://newsinfo.inquirer.net/1493569/senate-oks-bill-raising-age-for-determining-statutory-rape-from-12-to-16 |title=Senate OKs bill raising age for determining statutory rape from 12 to 16 |publisher=Inquirer.net |date=2021-09-27 |access-date=2022-03-18}}</ref><ref>{{Cite web |url=https://www.usnews.com/news/world/articles/2021-09-28/philippines-senate-backs-bill-to-raise-sexual-consent-age-from-12-to-16 |title=Philippines Senate Backs Bill to Raise Sexual Consent Age From 12 to 16 |publisher=] |date=2021-09-28 |access-date=2022-03-18}}</ref> and President ] signed the Senate proposal into law in March 2022.<ref name=CNNPhil2022/><ref>{{Cite web |url=https://www.nbcnews.com/news/world/philippines-raises-age-sexual-consent-12-16-rcna18939 |title=Philippines raises age of sexual consent from 12 to 16 |publisher=] |date=2022-03-07 |access-date=2022-03-18}}</ref><ref>{{Cite web |url=https://www.rappler.com/nation/duterte-signs-law-raising-age-sexual-consent-from-12-to-16-years-old/ |title=Duterte signs law raising age of sexual consent to 16 |publisher=] |date=2022-03-07 |access-date=2022-03-18}}</ref> | |||
:Children, whether male or female, who for money, profit, or any other consideration ''or due to the coercion or influence of any adult'', syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution ''and other sexual abuse''.<ref>{{cite web|url=http://www.unescap.org/esid/psis/population/database/poplaws/law_phi/phi_018.htm |title=Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act), Republic of the Philippines |publisher=Unescap.org |date=22 July 1991 |accessdate=11 April 2012}}</ref> | |||
==Qatar== | ==Qatar== | ||
Any kind of sexual activity outside the confines marriage is illegal in Qatar.<ref name="Qatar" /> | |||
Any kind of sexual activity outside marriage is illegal.{{Citation needed|date=November 2009}} Like Saudi Arabia, Qatar has no age limit for marriage, but the consent of the parents must be given before marriage.<ref>{{cite web|title=eastgarden Qatar |author=Frank |url=http://www.geocities.com/WestHollywood/2144/l-qatar.html|archiveurl=http://www.webcitation.org/5kmDDqvgo|archivedate=24 October 2009|deadurl=yes}}</ref> | |||
According to the Family Act, the minimum age of marriage is 18 for boys and 16 for girls. A court may allow a marriage below the minimum ages - as specified, but it requires the consent of the legal guardian of, as well as the consent of the two persons under the specified ages to be married. | |||
==Russian Federation== | |||
The age of consent in Russia is 16. See Russian Federation's entry at ]. | |||
==Saudi Arabia== | ==Saudi Arabia== | ||
Any kind of sexual activity outside marriage is illegal in ]. In 2019, Saudi Arabia officially banned all marriages under the age of 18 for both men and women.<ref>{{Cite web |date=2019-12-23 |title=Ministry of Justice bans marriage under 18 |url=http://www.saudigazette.com.sa/article/585608 |access-date=2020-11-24 |website=Saudigazette |language=en |archive-date=27 December 2020 |archive-url=https://web.archive.org/web/20201227183957/https://saudigazette.com.sa/article/585608 |url-status=live }}</ref> The ] had outlawed marriages under the age of 15, and required court approval for those under 18.<ref>{{Cite web |title=Saudi Arabia moves to ban child marriage with a new ruling |url=https://www.thenationalnews.com/world/gcc/saudi-arabia-moves-to-ban-child-marriage-with-a-new-ruling-1.955310 |access-date=2020-11-24 |website=The National |date=24 December 2019 |language=en |archive-date=8 July 2021 |archive-url=https://web.archive.org/web/20210708003057/https://www.thenationalnews.com/world/gcc/saudi-arabia-moves-to-ban-child-marriage-with-a-new-ruling-1.955310 |url-status=live }}</ref> In accordance with the Child Protection Law, the law has a provision that states "Before the conclusion of the marriage contract, it is necessary to ensure that a person marrying under the age of 18 will not be harmed, whether male or female."<ref>{{Cite web |title=Saudi Arabia has curbed, not banned, underage marriages |url=https://www.theweek.in/news/world/2019/12/27/saudi-arabia-has-curbed-not-banned-marriages-under-18.html |access-date=2020-11-24 |website=The Week |language=en |archive-date=8 July 2021 |archive-url=https://web.archive.org/web/20210708003046/https://www.theweek.in/news/world/2019/12/27/saudi-arabia-has-curbed-not-banned-marriages-under-18.html |url-status=live }}</ref> | |||
Any kind of sexual activity outside marriage is illegal in Saudi Arabia, but there is no restriction on the age of marriage. | |||
==Singapore== | ==Singapore== | ||
The general age of consent in ] is set at 16, regardless of gender and/or sexual orientation. However, where there is a ], ] or ], the age of consent is 18. The relationship must not be exploitative of the younger person. | |||
The age of consent in Singapore is 16 for all opposite-sex activity and only female same-sex sexual activity: ''Section 140: (1) Any person who – (...) (i) has carnal connection with any girl below the age of 16 years except by way of marriage (...) – shall be guilty of an offence.''<ref></ref> | |||
In addition, Sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D criminalize sexual activity with individuals below the age of 18 if the relationship is deemed exploitative of the younger person. Section 377CA stipulates that the court can determine if such a relationship is exploitative depending on the "circumstances of each case" - including age gap between the accused and the youth, the nature of the relationship, and the degree of control or influence exercised by the accused person over the minor. It also stipulates that - unless the accused is married to the younger partner - such relationships will be deemed exploitative until proven otherwise, if: | |||
Under section 377A (outrages on decency) in the ] states that; ''Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years''. This means that all male same-sex sexual activity (including mutual masturbation, oral and/or anal sex) is still illegal and the punishment is up to two (2) years jail, based on the ]. | |||
:(a) the accused person is the parent, step-parent, guardian or foster parent of the minor; | |||
:(b) the accused person is the de facto partner of the parent, guardian or foster parent of the minor; | |||
:(c) the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student; | |||
:(d) the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor; | |||
:(e) the accused person is a custodial officer of an institution in which the minor is detained; | |||
:(f) the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person; | |||
:(g) the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person. | |||
In addition, Section 376B criminalizes commercial sexual activity with youth under 18 - regardless of whether it occurs within or outside Singapore. Section 376D also further criminalizes attempting to travel outside Singapore for the purposes of committing such actions outside Singapore. | |||
Homosexuality between females was decriminalized in 2007, and on November 29, 2022, Parliament of Singapore repealed section 377A of the Penal Code and decriminalized homosexuality between males. | |||
==South Korea== | ==South Korea== | ||
In ], sexual activity with a person under the age of 16 (in international age, not "]") is considered statutory rape, unless the other party is under 19. Sex with a child under 13 is considered statutory rape under all circumstances. Prior to 2020 the age of consent in South Korea was 13.<ref name="South Korea" /> | |||
According to Section 305 of the Criminal Law of the Republic of Korea, a person who engages in a sexual intercourse with female minor, but not a male minor, who did not yet and will not turn the Western age (as opposed to the ]) of 13 in the year the event has occurred is guilty of rape and shall be fined and or punished by ] for the duration that exceeds 3 years (the Criminal Law specifically states to punish a person who raped a female minor or adult, which means engaging in a voluntary or involuntary sexual intercourse with a male minor or adult is not a Criminal Law definition of rape in either case.)<ref>{{cite web|url=http://likms.assembly.go.kr/law/jsp/law/Law.jsp?WORK_TYPE=LAW_BON&LAW_ID=A1466&PROM_NO=10259&PROM_DT=20100415&HanChk=Y |title=:::: 법률지식정보시스템 :::: |publisher=Likms.assembly.go.kr |accessdate=11 April 2012}}</ref> | |||
By 1894, extramarital sex was punished by being ] 90 times, which could lead to death. It is difficult to confirm how the Age of Consent Act of 1894-1910 was enforced. | |||
However, the ''Act on the Protection of Children and Juveniles from Sexual Abuse'', created in 2011, supersedes Section 305 of the Criminal Law .<ref name="moleg.go.kr">{{cite web|url=http://www.moleg.go.kr/english/korLawEng;jsessionid=4ts2fzajrBY6a66umQKc5UbIQiMeScJr4paGtp0IDhSy5PoOeV4g4HBrb0gLXucK.moleg_a2_servlet_engine2?pstSeq=58477&pageIndex=6 |title=ACT ON THE PROTECTION OF CHILDREN AND JUVENILES FROM SEXUAL ABUSE}}</ref><ref name="국가법령정보센터">{{cite web|url=http://www.law.go.kr/lsInfoP.do?lsiSeq=116790&efYd=20120916#0000|title=국가법령정보센터 |publisher=http://www.law.go.kr/}}</ref> | |||
According to the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES FROM SEXUAL ABUSE, a person is a minor until January 1 of the year in which he or she will turn 19 (this is also the day on which he or she is considered 20 years old by ]).<ref name="국가법령정보센터"/><ref>{{cite web|url=http://www.law.go.kr/lsInfoP.do?lsiSeq=130848&efYd=20130619#0000 |title=:::: 법률지식정보시스템 ::::}}</ref> | |||
The punishment is ] for a term of not less than 5 years.<ref name="moleg.go.kr"/><ref name="국가법령정보센터"/> | |||
According to Article 7 Verse 5 of the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES FROM SEXUAL ABUSE, if a person engages in a sexual intercourse with a juvenile by force or deception, it is considered rape.<ref name="moleg.go.kr"/><ref name="국가법령정보센터"/> The phrase "by force" is an ambiguous translation of Korean word ''wi-ryeok'' (위력). According to Supreme Court precedents, the word ''wi-ryeok'' means : being physically stronger, or being older, or having more money, or being a government employee, or having anything that can put a person in a better position than a juvenile.<ref name="대법원 종합법률정보 서비스">{{cite web|url=http://glaw.scourt.go.kr/jbsonw/jbson.do |title=대법원 종합법률정보 서비스}}</ref> For example, if a person who is older than a juvenile engages in a sexual intercourse with the juvenile, it is considered rape.<ref name="moleg.go.kr"/><ref name="국가법령정보센터"/> | |||
The Korean word ''gan-eum''(간음) can be translated to either "rape" or "adultery".<ref>{{cite web|url=http://endic.naver.com/krenEntry.nhn?entryId=a21aa5c30071459ca786d297533bbf51|title=간음}}</ref> In the original Korean text, Article 7 Verse 5 says: if a person with ''wi-ryeok'' commits ''gan-eum'' with a juvenile, it is considered rape.<ref name="국가법령정보센터"/> The closest translation of this sentence is this : If a person (who is stronger than a juvenile, or older than a juvenile, or richer than a juvenile, or a government employee, or in a better position than a juvenile) commits adultery with a juvenile, it is considered rape. Westerners have hard time understanding the exact meaning of the word ''wi-ryeok'' because the common translation of ''wi-ryeok'' is "force" but in Western culture, being older or being senior has nothing to do with "force." Furthermore, the word ''gan-eum'' is often translated to "rape" but this word also includes "adultery" in its meaning. Consequently, even though the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES FROM SEXUAL ABUSE clearly states that it is considered rape when a person who is older than a juvenile engages in a sexual intercourse with the juvenile,<ref name="국가법령정보센터"/> many Westerners are misinformed about this law because of ambiguous translations. Again, the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES FROM SEXUAL ABUSE clearly states that a person who is under 19 and will not turn 19 in the year in which the act is committed is considered a juvenile. (] is never used in South Korean laws therefore the age of consent in South Korea is 20 in Korean age.)<ref name="국가법령정보센터"/> In South Korea, judges have right to interpret the law and this is how the majority of judges interpret the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES FROM SEXUAL ABUSE.<ref name="대법원 종합법률정보 서비스"/> | |||
==Sri Lanka== | ==Sri Lanka== | ||
The age of consent in ] is 16 regardless of gender or sexual orientation. However, girls belonging to Sri Lanka's Moor and Malay minorities representing approximately 10% of the national population are allowed to marry after 12 years of age and below the age of 12 with the approval of the religious leader, Moulavi and either father, brother, uncle, grandfather. | |||
The age of consent in Sri Lanka is 16. | |||
363. A man is said to commit "rape" who enactment has sexual intercourse with, a woman under circumstances falling under any of the following descriptions: | |||
(...) | (...) | ||
(e) |
(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.<ref>{{Cite web |title=LawNet :: Government of Sri Lanka |url=http://www.lawnet.lk/sec_process.php?chapterid=2001Y1V19C§ionno=363&title=PENAL_CODE&path=5 |url-status=dead |archive-url=https://web.archive.org/web/20120311072013/http://www.lawnet.lk/sec_process.php?chapterid=2001Y1V19C§ionno=363&title=PENAL%20CODE&path=5 |archive-date=11 March 2012 |access-date=11 April 2012 |publisher=Lawnet.lk}}</ref> | ||
365B. (1) Grave sexual abuse is committed any person who, for sexual gratification, does any act, by the use of his genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under section 363, in circumstances falling under any of the following descriptions, that is to say: | |||
365B. | |||
(1) Grave sexual abuse is committed any person who, for sexual gratification, does any act, by the use of his genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under section 363, in circumstances falling under any of the following descriptions, that is to say: | |||
(a) without the consent of the other person; | (a) without the consent of the other person; | ||
(aa) |
(aa) with or without the consent of the other person when the other person is under sixteen years of age; | ||
(...)<ref>{{ |
(...)<ref>{{Cite web |title=LawNet :: Government of Sri Lanka |url=http://www.lawnet.lk/sec_process.php?chapterid=2001Y1V19C§ionno=365B&title=PENAL-CODE&path=5 |access-date=11 April 2012 |publisher=Lawnet.lk |df=dmy-all}}{{dead link|date=July 2020|bot=medic}}{{cbignore|bot=medic}}</ref> | ||
==Syria== | ==Syria== | ||
The age of consent in Syria is 15, per ''Article 491''. | The age of consent in ] is 15, per ''Article 491''. | ||
''Article 491'': | ''Article 491'': | ||
1. Every person who has sexual intercourse with a minor under 15 years of age shall be liable to a term of nine years imprisonment at hard labour. | 1. Every person who has sexual intercourse with a minor under 15 years of age shall be liable to a term of nine years' imprisonment at hard labour. | ||
2.The said term shall be not less than 15 years if the child is under 12 years of age. | 2. The said term shall be not less than 15 years if the child is under 12 years of age.<ref name="Syria" /> | ||
==Taiwan== | ==Taiwan== | ||
The age of consent in Taiwan is 16 regardless of |
The age of consent in ] is 16 regardless of gender. The sentence is reduced or exempted if the offender is under 18. Also, if the offender is under 18, it's an ]. The penalties for having consented sexual intercourse with minors are separated into 2 age ranges, with those under 14 subject to 3 to 10 years, and those between 14 and 16 subject to a maximum of 7 years.<ref name="Taiwan" /> Note that since such cases with "offenders" under 18 are indictable only upon complaint, practically if both parties are under 16, parents most likely would not press charges in fear of the fact that if one side sues, the other side may sue as well resulting in both minors being sentenced. | ||
==Tajikistan== | ==Tajikistan== | ||
The age of consent in Tajikistan is 16, as specified in article 141 of the Criminal Code. The penalty is specified as deprivation of freedom for 2 to 5 years.<ref |
The age of consent in ] is 16, as specified in article 141 of the Criminal Code. The penalty is specified as deprivation of freedom for 2 to 5 years.<ref name="Tajikistan" /> | ||
''Article 141. Sexual Intercourse And Other Actions of Sexual Character With an Individual Under 16 Years of Age'' | ''Article 141. Sexual Intercourse And Other Actions of Sexual Character With an Individual Under 16 Years of Age'' | ||
"(1) Sexual intercourse, homosexuality or lesbianism committed by an individual at the age of 18 years with an individual under 16 years of age when there are no elements of the crime stipulated by Article 138 and Article 139 of the present Code, is punishable by deprivation of freedom for a period of 2 to 5 years." | |||
Articles 138 and 139 provide harsher penalties for Rape and Forcible sex against minors, including the possible death penalty for rape of a girl under 14. | |||
'' | |||
It should be noted, however, that articles 138 and 139 provide harsher penalties for Rape and Forcible sex against minors, including the possible death penalty for rape of a girl under 14. | |||
==Thailand== | ==Thailand== | ||
The age of consent in Thailand is 15 |
The age of consent in ] is '''15''' regardless of gender or sexual orientation, as specified by article 279 of the Thai Criminal Code. The current legislation applies to all regardless of gender or sexual orientation. A close-in-age exemption allows sexual acts from age '''14''' if the older party is no more than 21.<ref>{{cite web |title=บทที่2 แนวคิด ทฤษฎีทางกฎหมายที่เกี่ยวข้อง|url=http://www.dspace.spu.ac.th/bitstream/123456789/9299/6/%25E0%25B8%259A%25E0%25B8%2597%25E0%25B8%2597%25E0%25B8%25B5%25E0%25B9%2588%25202.pdf&ved=2ahUKEwjJz-37iPmHAxWOl68BHXJgDQY4HhAWegQIFBAB&usg=AOvVaw3QtsjlSEquH1_gD-uJ5GK7 |access-date=16 August 2024}}</ref> | ||
However, parts of the ''Prevention and Suppression of Prostitution Act'', which disallow any sexual contact with prostitutes under the age of 18, are widely interpreted by some local authorities to cover sexual acts classed as "obscenity for personal gratification". The ''Penal Code Amendment Act'' of 1997 (Section 283 bis) implies this to be within the context of sexual trafficking.<ref>{{cite web |title=Thailand: National Child Protection Legislation |url=https://www.icmec.org/wp-content/uploads/2018/04/ICMEC-Thailand-National-Legislation-updated.pdf |website=International Centre for Missing & Exploited Children |access-date=9 January 2024}}</ref> A high-profile example of this application of the law was a ] charge filed against the lead singer of the Thai band '']'' for allegedly having had sex with a (then) 16-year-old girl. The charge was filed by the girl after the singer refused to take responsibility for her baby. The singer has since been cleared of being the baby's father due to the results of a ] and he received 2 years ].<ref>{{Cite web |date=20 May 2006 |title=DNA test clears 'Dag' |url=http://www.nationmultimedia.com/2006/05/20/national/national_30004480.php |access-date=4 January 2007 |archive-date=26 January 2007 |archive-url=https://web.archive.org/web/20070126142435/http://www.nationmultimedia.com/2006/05/20/national/national_30004480.php |url-status=dead }}</ref><ref>{{Cite web |date=30 March 2007 |title=Popular rocker given suspended jail term for having sex with underage girl |url=http://www.nationmultimedia.com/breakingnews/read.php?newsid=30029866 |url-status=dead |archive-url=https://web.archive.org/web/20090612143232/http://www.nationmultimedia.com/breakingnews/read.php?newsid=30029866 |archive-date=12 June 2009}}</ref> | |||
However, parts of the , which disallow any sexual contact with prostitutes under the age of 18, are widely interpreted by some local authorities to cover sexual acts classed as "obscenity for personal gratification". Also from the , having sex with a child under 18 is a compoundable offense even with the consent of that person. The parent or the child may file charges against the other side if he or she later regrets his or her own action. This ostensibly makes the Thai unfettered age of consent 18. | |||
A high profile example of this application of the law was a ] charge filed against the lead singer of the Thai band '']'' for allegedly having had sex with a (then) 16-year-old girl. The charge was filed by the girl after the singer refused to take responsibility for her baby. The singer has since been cleared of being the baby's father due to the results of a ] and he received 2 years ].<ref>{{cite web |url=http://www.nationmultimedia.com/2006/05/20/national/national_30004480.php |title=DNA test clears 'Dag' |date=20 May 2006}}</ref><ref>{{cite web |url=http://www.nationmultimedia.com/breakingnews/read.php?newsid=30029866 |title=Popular rocker given suspended jail term for having sex with underage girl |date=30 March 2007|archiveurl = http://web.archive.org/web/20110617093230/http://www.nationmultimedia.com/breakingnews/read.php?newsid=30029866 |archivedate = 17 June 2011|deadurl=yes}}</ref> | |||
==Turkey== | ==Turkey== | ||
The age of consent in Turkey is 18 |
The age of consent in ] is 18. | ||
According to Article 104 of the Turkish Penal Code (''Türk Ceza Kanunu''), sexual intercourse with minors aged 15, 16 and 17 can only be prosecuted upon a complaint. These complaints require the intention of the youth over the age of 15 and not the parents. However, if the offender is a person who is forbidden to marry the child by law or is a person who is obliged to take care of the child due to adoption or foster care, then the prosecution doesn't require a complaint and the punishment is aggravated.<ref name="turkishpenal">{{Cite web |title=Turkish Penal Code |url=http://www.mevzuat.gov.tr/MevzuatMetin/1.5.5237.pdf |access-date=3 July 2014 |publisher=Mevzuat.gov.tr. |language=tr |archive-date=14 November 2017 |archive-url=https://web.archive.org/web/20171114094150/http://www.mevzuat.gov.tr/MevzuatMetin/1.5.5237.pdf |url-status=live }}</ref> | |||
Article 103 regulates any kind of sexual activity with minors under 15 (or minors under 18 who lack the ability to understand the legal meanings and consequences of such actions) as ].<ref name=turkishpenal/> | |||
===History=== | |||
The ], a predecessor state to the Republic of Turkey, decriminalized sodomy in 1858. The age of consent in Turkey was set at 15 for both heterosexual and homosexual sex in the 1926 penal code, but this was raised to 18 in 1953. The new penal code of 2004 also set the age of consent for both heterosexual and homosexual sex at 18, with some differences, such as the act of having sexual intercourse with a minor over 15 being punishable upon a complaint. | |||
==Turkmenistan== | ==Turkmenistan== | ||
The age of consent in Turkmenistan is 16.<ref |
The age of consent in ] is 16.<ref name=":19"/> | ||
==United Arab Emirates== | ==United Arab Emirates== | ||
Sexual activity outside marriage is illegal in the ]. The general legal age of marriage is 18 for both sexes (although mature minors are allowed to marry with judicial permission).<ref>{{cite news |url=https://www.ageofconsent.net/world/united-arab-emirates|title=United Arab Emirates Age of Consent & Sex Laws Age of Consent in United Arab Emirates|website=AgeOfConsent|language=en|access-date=16 July 2022}}</ref> | |||
Sexual activity outside marriage is illegal in the UAE.<ref>{{cite web|author=Dubai FAQs |url=http://www.dubaifaqs.com/education-dubai.php |title=Education in Dubai |publisher=Dubaifaqs.com |accessdate=11 April 2012}}</ref><ref>{{cite news| url=http://www.independent.co.uk/news/world/middle-east/briton-faces-jail-for-sex-on-dubai-beach-863918.html | location=London |work=The Independent | first1=Terri | last1=Judd | first2=Nikolina | last2=Sajn | date=10 July 2008 | title=Briton faces jail for sex on Dubai beach}}</ref> | |||
In 2020, United Arab Emirates decriminalized sex outside of marriage. Consensual sex will be punished by the law if the victim, male or female, is under 18 years of age, or if the victim is deprived of their will due to their young age, insanity or mentally challenged or if the culprit is a first degree relative of the victim or responsible for their upbringing or usual care or has an authority of the minor victim. However, in November 2021, the country have instated a new penal code that reintroduces the criminalization of consensual sex outside of marriage, which had been dropped from the older law as part of the 2020 amendments.<ref>{{cite web |url=https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression |title =UAE: Sweeping Legal 'Reforms' Deepen Repression {{!}} Human Rights Watch| date=5 June 2022 }}</ref> | |||
A person convicted of committing sexual intercourse with a minor or mentally challenged person by force would be punished by the death penalty. | |||
==Uzbekistan== | ==Uzbekistan== | ||
The age of consent in ] is 16 for heterosexual sex as well as for homosexual activities not amounting to anal sex,<ref>{{Cite web |title=Uzbekistan Age of Consent & Statutory Rape Laws |url=https://www.ageofconsent.net/world/uzbekistan |access-date=16 June 2018 |website=ageofconsent.net |language=en |archive-date=16 June 2018 |archive-url=https://web.archive.org/web/20180616204140/https://www.ageofconsent.net/world/uzbekistan |url-status=live }}</ref> which is illegal regardless of age and punishable with imprisonment for up to three years (called ''Besoqolbozlik'').<ref name="ILGA">{{Cite web |last=Itaborah |first=Lucas Paoli |title=State-sponsored Homophobia: A world survey of laws criminalising same-sex sexual acts between consenting adults |url=http://www.africagay.org/wp-content/uploads/2012/07/ILGA_State_Sponsored_Homophobia_20122.pdf |access-date=1 February 2017 |publisher=ILGA, The International Lesbian, Gay, Bisexual, Trans and Intersex Association}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> | |||
The age of consent in Uzbekistan is 16 for heterosexual males (oral sex for homosexual males) and both lesbian and heterosexual females.<ref name="interpol">http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaUzbekistan.pdf</ref> Only male homosexual anal intercourse is punishable with imprisonment for up to 3 years (called Besoqolbozlik).{{Citation needed|date=October 2007}} | |||
''Sexual relations with a person under sixteen (16) years of age, Clause 128 of the Criminal Code'': (1) A sexual relation or satisfaction of sex requirements in the unnatural form with a person who was obviously less than sixteen (16) years old, shall be punished by corrective labour measures for up to two (2) years or by the arrest up to six (6) months, or with imprisonment for up to three (3) years.<ref |
''Sexual relations with a person under sixteen (16) years of age, Clause 128 of the Criminal Code'': (1) A sexual relation or satisfaction of sex requirements in the unnatural form with a person who was obviously less than sixteen (16) years old, shall be punished by corrective labour measures for up to two (2) years or by the arrest up to six (6) months, or with imprisonment for up to three (3) years.<ref>{{Cite web |title=Law of the Republic of Uzbekistan on Enactment of the Criminal Code of the Republic of Uzbekistan |url=http://www.vertic.org/media/National%20Legislation/Uzbekistan/UZ_Criminal_Code.pdf |access-date=16 June 2018 |publisher=The Supreme Council of the Republic of Uzbekistan |archive-date=16 June 2018 |archive-url=https://web.archive.org/web/20180616204506/http://www.vertic.org/media/National%20Legislation/Uzbekistan/UZ_Criminal_Code.pdf |url-status=live }}</ref> | ||
==Vietnam== | ==Vietnam== | ||
The 2015 Penal Code indicates that the age of consent in Vietnam is 16 regardless of gender or sexual orientation.<ref>{{Cite news |date=26 December 2005 |title=Glitter police 'drop rape charge' |url=http://news.bbc.co.uk/2/hi/asia-pacific/4559658.stm |access-date=3 February 2016 |archive-date=19 January 2019 |archive-url=https://web.archive.org/web/20190119154443/http://news.bbc.co.uk/2/hi/asia-pacific/4559658.stm |url-status=live }}</ref><ref>{{Cite news |date=17 November 2005 |title=Shamed rocker Glitter on the run |newspaper=The Washington Post |url=https://www.washingtonpost.com/wp-dyn/content/article/2005/11/18/AR2005111800680.html |access-date=3 February 2016 |archive-date=20 December 2016 |archive-url=https://web.archive.org/web/20161220135042/http://www.washingtonpost.com/wp-dyn/content/article/2005/11/18/AR2005111800680.html |url-status=live }}</ref> <ref>{{Cite web|url=https://thuvienphapluat.vn/cong-dong-dan-luat/cac-hinh-phat-phai-chiu-khi-giao-cau-voi-nguoi-duoi-18-tuoi-212458.aspx|title=Các hình phạt phải chịu khi giao cấu với người dưới 18 tuổi?|website=ThuVienPhapLuat.vn}}</ref><ref>{{Cite web |date=2023-08-16 |title=Bao nhiêu tuổi thì được quan hệ tinh dục hợp php theo quy định? |url=https://luatminhkhue.vn/bao-nhieu-tuoi-thi-duoc-quan-he-tinh-duc-hop-phap-theo-quy-dinh.aspx#:~:text=Tuy%20nhi%C3%AAn%2C%20n%E1%BA%BFu%20c%E1%BA%A3%20hai,x%C3%A1c%20%C4%91%E1%BB%8Bnh%20l%C3%A0%2016%20tu%E1%BB%95i |website=luatminhkhue.vn}}</ref> | |||
There is discrepancy in the reported age of consent in Vietnam. Section 4 of article 112 of the Penal Code states that ''"All cases of having sexual intercourse with children under 13 years old are considered rape against children and the offenders shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment."''<ref>{{cite web|url=http://www.worldlii.org/vn/legis/pc66/s112.html |title=PENAL CODE – SECT 112 Article 112.- Rape against children |publisher=Worldlii.org |accessdate=11 April 2012}}</ref> In 2009, this article was amended to remove capital punishment.<ref>{{cite web|author=WIPO |url=http://www.wipo.int/wipolex/en/details.jsp?id=6604 |title=Viet Nam: Law Amending and Supplementing a Number of Articles of the Penal Code of 19 June 2009 |publisher=Wipo.int |accessdate=11 April 2012}}</ref> Article 115 further provides for imprisonment for 1 to 5 years for sexual intercourse with persons aged 13 to 16.<ref name="worldlii">{{cite web|url=http://www.worldlii.org/vn/legis/pc66/s115.html |title=PENAL CODE – SECT 115 Article 115.- Having sexual intercourse with children |publisher=Worldlii.org |accessdate=11 April 2012}}</ref> | |||
Article 145 criminalizes sexual activity with those aged 13–15 in situations not amounting to rape (article 142 - requires threat or violence) or sexual abuse (article 144 - employing "trickery" to make a 13-15-year-old who is the offender's care-dependent or a person in extreme need "reluctantly engage in sexual intercourse or other sexual activities"). | |||
''Article 115.- Having sexual intercourse with children | |||
''1.Any adults having sexual intercourse with children aged from full 13 to under 16 shall be sentenced to between one and five years of imprisonment.<ref name="worldlii"/> | |||
{{block quote|Article 145. Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16 | |||
Furthermore, Article 111 states that ''"rape against a juvenile aged between full 16 and under 18 years old, the offenders shall be sentenced to between five and ten years of imprisonment."''<ref>{{cite web|url=http://www.worldlii.org/vn/legis/pc66/s111.html |title=PENAL CODE – SECT 111 Article 111.- Rape |publisher=Worldlii.org |accessdate=11 April 2012}}</ref> | |||
1. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in cases other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment. | |||
2. This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonment: | |||
a) The offence has been committed more than once; | |||
b) The offence is committed against 02 or more people; | |||
c) The offence is of an incestuous nature; | |||
d) The offence results in the victim's pregnancy; | |||
dd) The offence results in 31% - 60% physical disability of the victim; | |||
e) The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment. | |||
3. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonment: | |||
a) The offence results in ≥ 61% physical disability of the victim; | |||
b) The offender commits the offence in the knowledge of his HIV infection. | |||
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years.<ref name="Vietnam 2015 Criminal Code">{{Cite web|url=https://www.wipo.int/edocs/lexdocs/laws/en/vn/vn086en.pdf|title=Vietnam 2015 Criminal Code|access-date=3 June 2019|archive-date=15 March 2019|archive-url=https://web.archive.org/web/20190315150425/https://www.wipo.int/edocs/lexdocs/laws/en/vn/vn086en.pdf|url-status=live}}</ref>}} | |||
{{block quote|Article 146. Molestation of a person under 16 | |||
The ] Human Rights Report reports the age of consent for Vietnam as 18, citing Article 111 as justification.<ref>{{cite web|url=http://www.state.gov/g/drl/rls/hrrpt/2010/eap/154408.htm |title=2010 Human Rights Reports: Vietnam |publisher=State.gov |date=8 April 2011 |accessdate=11 April 2012}}</ref> | |||
1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment. | |||
2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonment: | |||
a) Organized crime; | |||
b) The offence has been committed more than once; | |||
c) The offence is committed against 02 or more people; | |||
d) The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment; | |||
dd) The victim suffers from 11% - 45% mental and behavioral disability because of the offence; e) Dangerous recidivism. | |||
3. This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonment: | |||
a) The victim suffers from 46% mental and behavioral disability or above because of the offence; b) The offence results in the suicide of the victim. | |||
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years.<ref name="Vietnam 2015 Criminal Code" />}} | |||
{{block quote|Article 147. Employment of a person under 16 for pornographic purposes | |||
1. Any person aged 18 or over who persuades, entices, forces a person under 16 to participate in a pornographic performance or watch a pornographic performance in any shape or form shall face a penalty of 06 - 36 months' imprisonment. | |||
2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonment: | |||
a) Organized crime; | |||
b) The offence has been committed more than once; | |||
c) The offence is committed against 02 or more people; | |||
d) The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment; | |||
dd) The offence is committed for commercial purposes; | |||
e) The victim suffers from 11% - 45% mental and behavioral disability because of the offence; | |||
g) Dangerous recidivism. | |||
3. This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonment: | |||
a) The victim suffers from 46% mental and behavioral disability or above because of the offence; b) The offence results in the suicide of the victim. | |||
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years.<ref name="Vietnam 2015 Criminal Code" />}} | |||
==Yemen== | ==Yemen== | ||
Any kind of sexual activity outside marriage is illegal in Yemen. Until recently, Yemeni law set the age of |
Any kind of sexual activity outside marriage is illegal in ]. Until recently, Yemeni law set the age of marriage at 15. However, that law has been eradicated. Now, "Yemeni law allows a girl of any age to wed, but it forbids sex with them until the indefinite time they are suitable for sexual intercourse.'"<ref name="Power2009">{{Citation |last=Power |first=Carla |author-link=Carla Power |title=Nujood Ali & Shada Nasser win "Women of the Year Fund 2008 Glamour Award" |date=12 August 2009 |url=http://www.yementimes.com/DefaultDET.aspx?i=1207&p=report&a=1 |work=Yemen Times |archive-url=https://web.archive.org/web/20110405190616/http://www.yementimes.com/DefaultDET.aspx?i=1207&p=report&a=1 |access-date=16 February 2010 |archive-date=5 April 2011 |url-status=dead}}</ref> In 1999, the ] of fifteen for women, rarely enforced, was abolished; the onset of puberty, interpreted by ] to be at the age of nine, was set as a requirement for consummation of marriage.<ref name="HRWYemenReport2001">{{Citation |last=Human Rights Watch |title=World Report 2001 |year=2001 |archive-url=https://web.archive.org/web/20100615214816/http://www.hrw.org/wr2k1/mideast/yemen.html |chapter=Yemen: Human Rights Developments |chapter-url=https://www.hrw.org/wr2k1/mideast/yemen.html |publisher=Human Rights Watch |access-date=8 April 2010 |archive-date=15 June 2010 |url-status=live}}</ref> | ||
In April 2008, the case of ], a 10 |
In April 2008, the case of ], a 10-year-old girl who successfully obtained a divorce, sparked headlines around the world, and prompted calls to raise the legal age for marriage to 18.<ref name="Daragahi2008">{{Cite news |last=Daragahi |first=Borzou |date=11 June 2008 |title=Yemeni bride, 10, says I won't |work=Los Angeles Times |url=https://www.latimes.com/archives/la-xpm-2008-jun-11-fg-childbride11-story.html |url-status=live |access-date=16 February 2010 |archive-url=https://web.archive.org/web/20100218062844/http://articles.latimes.com/2008/jun/11/world/fg-childbride11 |archive-date=18 February 2010}}</ref> Later in 2008, the Supreme Council for Motherhood and Childhood proposed to define the minimum age for marriage at 18 years. The law was passed in April 2009, but dropped the following day following maneuvers by opposing parliamentarians. Negotiations to pass the legislation continue.<ref name="Assamiee&Al-Sakkaf2010">{{Citation |last1=Mahmoud Assamiee |title=Relative breakthrough in Yemen's early marriage dilemma |date=25 March 2010 |url=http://www.yementimes.com/defaultdet.aspx?SUB_ID=33771 |work=Yemen Times |archive-url=https://web.archive.org/web/20110608055754/http://www.yementimes.com/defaultdet.aspx?SUB_ID=33771 |access-date=8 April 2010 |archive-date=8 June 2011 |last2=Nadia Al-Sakkaf |author-link2=Nadia Al-Sakkaf |url-status=dead}}</ref> | ||
==See also== | ==See also== | ||
{{Portal|Sexuality|Law}} | |||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | * ] | ||
* ] | * ] | ||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | |||
* ] | |||
==Notes== | |||
{{reflist|group=lower-alpha}} | |||
==References== | ==References== | ||
{{Reflist}} | |||
{{reflist|colwidth=30em}} | |||
{{Sexual ethics}} | {{Sexual ethics}} | ||
{{Portalbar|Asia|Human sexuality|Law}} | |||
{{DEFAULTSORT:Ages |
{{DEFAULTSORT:Ages of Consent in Asia}} | ||
] | ] | ||
] | ] | ||
] | ] |
Latest revision as of 07:47, 22 January 2025
Legal ages for sexual activity in Asia
Age of consent |
---|
Age of consent by country |
Details by location |
Reform |
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The unrestricted age of consent is the legal age from which one is deemed able to consent to having sex with anyone else at or above the age of consent, or the marriageable age if they must be married. The lowest unrestricted age of consent in Asia is the onset of puberty, though this is only the case in Afghanistan. The highest unrestricted age of consent is 21, though this age of consent is only the case in Bahrain and the specific instance of females receiving anal sex in Hong Kong. Disregarding these exceptions, the unrestricted ages of consent in Asia range between 13 and 18.
Summary
All jurisdictions in Asia per List of sovereign states and dependent territories in Asia:
Definitions
- Restricted by age difference: younger partner is deemed able to consent to having sex with an older one as long as their age difference does not exceed a specified amount.
- Restricted by authority: younger partner is deemed able to consent to having sex with an older one as long as the latter is not in a position of trust or authority, or is not recognised to be abusing the inexperience of the younger one.
- Unrestricted: age from which one is deemed able to consent to having sex with anyone else at or above the age of consent or the marriageable age if they must be married.
Table
Countries and states | Must be married | Restricted by age difference | Restricted by authority | Unrestricted | Ref. | |||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Hetero | Homo | Hetero | Homo | Hetero | Homo | |||||||||
M | F | M | F | M | F | M | F | M | F | M | F | |||
Afghanistan | Yes | — | — | — | — | — | — | — | — | Puberty | Puberty | — | — | |
Armenia | No | — | — | — | — | - | - | - | - | 16 | 16 | 16 | 16 | |
Azerbaijan | No | — | — | — | — | - | - | - | - | 16 | 16 | 16 | 16 | |
Bahrain | No | 18 (if married) | 16 (if married) | - | - | — | — | — | — | 21 | 21 | 21 | 21 | |
Bangladesh | No | — | — | — | — | — | — | — | — | 16 | 16 | — | — | |
Bhutan | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Brunei | Yes | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Cambodia | No | — | — | — | — | — | — | — | — | 15 | 15 | 15 | 15 | |
China | No | — | — | — | — | — | — | — | — | 14 | 14 | 14 | 14 | |
Gaza Strip | Yes | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Georgia | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Hong Kong | No | — | — | — | — | 16 | 16 | 16 | 16 | 21 | 21 | 21 | 21 | |
India | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Indonesia | No | — | — | — | — | 15 | 15 | 15 | 15 | 18 | 18 | 18 | 18 | |
Iran | Yes | — | — | — | — | — | — | — | — | 15 | 13 | — | — | |
Iraq | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Israel | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Japan | No | 13 | 13 | 13 | 13 | 16 | 16 | 16 | 16 | 18 | 18 | 18 | 18 | |
Jordan | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Kazakhstan | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Kuwait | Yes | — | — | — | — | — | — | — | — | 17 | 15 | — | — | |
Kyrgyzstan | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Laos | No | — | — | — | — | — | — | — | — | 15 | 15 | 15 | 15 | |
Lebanon | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Macau | No | — | — | — | — | 14 | 14 | 14 | 14 | 18 | 18 | 18 | 18 | |
Malaysia | No | — | — | — | — | 16 | 16 | — | — | 18 | 18 | — | — | |
Maldives | Yes | — | — | — | — | 16 | 16 | — | — | 18 | 18 | — | — | |
Mongolia | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Myanmar | No | — | — | — | — | — | — | — | — | 16 | 16 | — | — | |
Nepal | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
North Korea | No | — | — | — | — | — | — | — | — | 15 | 15 | 15 | 15 | |
Oman | Yes | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Pakistan | Yes | — | — | — | — | — | — | — | — | 18 | 16 (18 in Sindh and the Punjab) | — | — | |
Philippines | No | — | — | — | — | 16 | 16 | 16 | 16 | 18 | 18 | 18 | 18 | |
Qatar | Yes | — | — | — | — | — | — | — | — | 18 | 16 | — | — | |
Saudi Arabia | Yes | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Singapore | No | — | — | — | — | 16 | 16 | 16 | 16 | 18 | 18 | 18 | 18 | |
South Korea | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Sri Lanka | No | — | — | — | — | — | — | — | — | 16 | 16 | — | — | |
Syria | No | — | — | — | — | — | — | — | — | 15 | 15 | 15 | 15 | |
Taiwan | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Tajikistan | No | — | — | — | — | - | - | - | - | 16 | 16 | 16 | 16 | |
Thailand | No | — | — | — | — | 15 | 15 | 15 | 15 | 18 | 18 | 18 | 18 | |
East Timor | No | — | — | — | — | 14 | 14 | 14 | 14 | 16 | 16 | 16 | 16 | |
Turkey | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Turkmenistan | No | — | — | — | — | — | — | — | — | 16 | 16 | — | ||
United Arab Emirates | Yes | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Uzbekistan | No | — | — | — | — | — | — | — | — | 16 | 16 | — | — | |
Vietnam | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
West Bank | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Yemen | Yes | — | — | — | — | — | — | — | — | 15 | 15 | — | — |
Afghanistan
Sexual activity outside marriage is illegal in Afghanistan. According to the Ministry for the Propagation of Virtue and the Prevention of Vice, marriage is allowed at puberty.
Armenia
The age of consent in Armenia is 16.
Article 141. Sexual acts with a person under 16.
Sexual intercourse or other sexual acts with a person obviously under 16, by a person who reached 18 years of age, in the absence of elements of crime envisaged in Articles 138, 139 or 140 of this Code, is punished with correctional labor for the term of up to 2 years, or with imprisonment for the term of up to 2 years.
Azerbaijan
The age of consent in Azerbaijan is 16.
Article 152
Sexual intercourse with the person below the age of 16 years, as well as the same offences linked with satisfaction of sexual passion in perverted forms shall be punished by imprisonment up to 3 years.
Bahrain
Consensual sex outside of marriage is legally permissible for those aged 21 and above, regardless of gender and/or sexual orientation. If a married individual has sex with somebody they are not married to, the person they are married to is given the liberty, by the criminal procedure code, to file for an 'adultery' charge if they wanted to. They are also given the liberty to drop off the charge after filing it if they wanted to. However, the mentioned options would not be available after three months are passed from when the person learned about the adultery. The marriage of course should be recognized by the government for the mentioned options to be provided.
The marriageable age is 16 years for females, and 18 for males. Before this age, marriage requires authorization from the Shariah Court of the State of Bahrain. The minimum age to marry without permission from the girl's father or legal guardian is 18 years.
Rape is punished by imprisonment. Since 1986, the penalty is either life imprisonment or possibly the death penalty for victims under 16. Non-consent is assumed for unmarried women under 14. According to article 349 of the updated penal code, the death penalty for the rapist is eligible only if the rape causes death for the sexually assaulted female.
The law presumes non-consent of male victims less than 14 too. There is a prison sentence (maximum 10 years) for male victims under 16 (article 346) while article 347 gives an unspecified prison sentence with consenting male victims under 21.
Bangladesh
According to the section 9 (1) of the Women and Child Abuse Prevention Act, 2003, it is defined as rape to have sexual intercourse with a woman with or without her consent, when she is under sixteen (16) years of age. Article 375 specifies that “A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman With or without her consent, when she is under sixteen years of age. (Exception) Sexual intercourse by a man with his wife, the wife not being under thirteen years of age, is not rape.
Bhutan
The age of consent in Bhutan is 18 regardless of gender or sexual orientation, according to Article 183 of the Penal Code of Bhutan.
Brunei
Any kind of sexual activity outside of a heterosexual marriage is illegal in Brunei. The minimum age for marriage is 16.
Article 2 of this Act determines the offence as follows: Any person who has or attempts to have carnal knowledge (sexual intercourse) of a girl under the age of sixteen (16) years except by way of marriage, shall be guilty of an offense: Penalty, imprisonment for a term which shall not be less than 2 years and not more than 7 years and to whipping not exceeding 24 strokes of the rattan in the case of an adult or 12 strokes of the rattan in the case of a youthful offender.
Cambodia
The age of consent in Cambodia is 15 regardless of gender or sexual orientation. The age of consent in this country is determined by Article 8, of Chapter 4 (Debauchery) of the Law on Suppression of the Kidnapping, Trafficking, and Exploitation of Human Beings, which has been specifically enacted to prohibit sex with children under 15. The law prohibits "debauchery" with a child under 15, and this term (the original Cambodian word is anacha has been interpreted by courts to forbid any form of sexual conduct (both consensual and non-consensual; both 'ordinary' sex and paid sex) with a child under 15. This is the main legal tool used to prosecute foreigners engaging in child sex tourism in Cambodia.
Article 8 of the 'Law on Suppression of the Kidnapping, Trafficking, and Exploitation of Human Beings' states, "Any person who commits acts of debauchery involving a minor below 15 years old, even if there is consent from the concerned minor, or even if the person has bought such minor from someone else or from a pimp, shall be punished by ten (10) to twenty (20) years in prison. In case of repeat offenses, the maximum punishment term shall be applied."
Mainland China
In Mainland China, the age of consent for sexual activity is 14 years, regardless of gender or sexual orientation. Chinese law defines statutory rape as having sex with a girl who is less than fourteen years of age. A five-year prison sentence and fine may result if the girl under 14 years of age was acting as a prostitute. In August 2015, the law concerning underage prostitutes was repealed. The Statutory rape law now applies to underage prostitution as well. Persons with Special Duties towards minor females who have attained the full age of 14 shall be held accountable for rape if they compel the victim engaging in sexual relations with them by taking advantage of their dominant positions or the helpless situations of the victim.
In 2020 there was a proposal to raise the age of consent in the wake of a scandal in the city of Yantai.
In 2021 there was a proposal to criminalize teachers having intercourse with students in primary and junior high levels.
East Timor
The age of consent in East Timor is 14 regardless of gender or sexual orientation, per Article 177. However, sex acts with an adolescent aged 14–15 years are illegal if an adult practices them with the adolescent by "taking advantage of the inexperience" of that adolescent. (Article 178).
Article 177. Sexual abuse of a minor:
- Any person who practices vaginal, anal or oral coitus with a minor aged less than 14 years is punishable with 5 to 20 years' imprisonment.
- Any person who practices any act of sexual relief with a minor aged less than 14 years is punishable with 5 to 15 years' imprisonment.
Article 178. Sexual acts with an adolescent:
- Any person who, being an adult and apart from situations provided in this section, practices any relevant sexual act with a minor aged between 14 and 16 years, taking advantage of the inexperience of the same, is punishable with up to 5 years' imprisonment.
Hong Kong
In Hong Kong the age of consent for sexual activity is 16 regardless of gender or sexual orientation. However, the age of consent for a female receiving anal sex is 21.
Under s.124 of the Crimes Ordinance (Cap.200), a man who has unlawful sexual intercourse with a girl under the age of 16 shall be liable to imprisonment for 5 years. Under s.123 of the Crimes Ordinance, a man who has unlawful sexual intercourse with a girl under the age of 13 shall be liable to imprisonment for life.
Under s.122 of the Crimes Ordinance, a person under the age of 16 cannot in law give any consent which would prevent an act being an assault for the purposes of indecent assault. Hence, a woman who has sexual activity with a boy or a girl under 16 will be prosecuted under this section.
Under s.127 of the Crimes Ordinance, a person who takes an unmarried girl under the age of 18 out of the possession of her parent or guardian against the will of the parent or guardian with the intention that she shall have unlawful sexual intercourse with men or with a particular man shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 7 years."
The previous position regarding homosexual couples is contained in s.118C which provides that a man who commits or suffers to commit buggery with a man under the age of 21 is liable on conviction on indictment to imprisonment for life. However, this section was struck down as unconstitutional in Leung TC William Roy v Secretary for Justice. Hence, the age of consent between two males have been effectively equalized with that between a male and a female, which is 16.
Prior to 2012 there was a presumption that a male minor under 14 could not consent to sexual intercourse under any circumstances. The law was changed after a 13-year-old boy attacked a 5-year-old girl at a Chai Wan hospital ward; the prosecution was unable to convict him of rape, instead only able to do so for indecent assault. In 2015 an 11-year-old boy and a 13-year-old boy were arrested after they were found having sex with an 11-year-old girl. Under the new laws they have the possibility of having the maximum sentence of life in prison.
India
India's age of consent for sex is set at 18 years under the Criminal Law (Amendment) Act, 2013, regardless of gender.
In 1892, the marital rape and subsequent death of a 10-year-old girl, Phulmoni Dasi, caused the age of consent to be raised from 10 to 12. In 1949, it was raised to 16 after agitation from women's groups about the adverse effect of early pregnancy. On 3 April 2014 the Criminal Law (Amendment) Act, 2013 came into effect, which raised the legal permissible age for sexual consent from 16 to 18. Although the Criminal Law (Amendment) Act, 2013 initially sought to lower the age to 16, it was set at 18 due to political pressure from conservative parties. Section 375 reads: A man is said to commit "rape" if he (...) Sixthly – With or without her consent, when she is under eighteen years of age.
Legal action on marital rape
Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes within marriages as an aggravated offense. A Public Interest Litigation filled by Independent Thought, an organization working on child rights law, was heard in the Supreme Court of India for declaring the exception allowing marital rape within prohibited child marriages as unconstitutional: Independent Thought vs. Union of India . In the judgment, delivered on 11 October, the Supreme Court bench consisting of Justices Madan B. Lokur and Deepak Gupta read down Exception 2 to Section 375 of the Indian Penal Code (IPC) to hold that sexual intercourse by a man with his own wife if she is below 15 years of age would amount to rape. According to Section 375 Exception, Sexual Intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.
The Section 377 of the Indian Penal Code bans "carnal intercourse against the order of nature". It was used to prosecute people for having anal or oral sex, although prosecutions were rare. The law was constitutionally challenged and subsequently read down by the Delhi High Court in 2009 for violating the human rights of sexual minorities. In 2013, the Supreme Court overturned the Delhi High Court's judgment, recriminalizing homosexuality. However, in 2018, the Supreme Court, on hearing a fresh batch of petitions, declared some parts of the law unconstitutional on the issue, setting the age of consent for consensual homosexual sex at 18, same age for consensual heterosexual sex.
Indonesia
According to the Indonesian Penal Code article 287, the age of consent in Indonesia is 15 years old. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Indonesia are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law.
Even though the age of consent is 15 years old, the offender can only be charged and prosecuted if a legal complaint is lodged to the law enforcement. Exception to this law is when the age of the victim is under 12 years old, or under certain circumstances such as bodily injury or incest. Stipulated a minimum sentence of 12 years for sexual intercourse with females under the age of 12. However, under the Child Protection Act, the age of consent could be raised to 18. The argument used is that sexual acts with a child could result in bodily and mental injury, while the definition of a child is anyone who is under 18 years old. A reported court verdict using the Child Protection Act was done in 2009 against an Australian national.
The age of consent for a homosexual activity is 18 years old in Indonesia, same for a heterosexual activity without restrictions.
Iran
Sex outside of marriage is illegal in Iran. The minimum age of marriage in Iran is 15 for men and 13 for women. Ways around these regulations include temporary marriages (Nikah mut'ah). With the permission of a court, girls may marry at a younger age. In 2010, as many as 42,000 children aged between 10 and 14 were married, and 716 girls younger than 10 had wed.
Iraq
The age of consent in Iraq is set at 18, regardless of gender and/or sexual orientation. "Any person who sexually assaults a boy or girl under the age of 18 without the use of force, menaces or deception is punishable by detention..."
"Any person who has sexual intercourse with a female relative to the third generation under the age of 15 with her consent and the offence leads to her death, to pregnancy or loss of virginity ."
Israel
According to the Israeli Penal Code of 1977 the age of consent in Israel is 16 regardless of gender or sexual orientation, for any form of sexual relations involving penetration. A special case arises when a person aged 14 or 15 had sexual relations with an older partner; in this case the older partner would be exempt of criminal liability if three conditions are met: the age difference between the partners was less than three years, the younger partner gave consent and the act was done out of "regular friendly relations" and without the abuse of power.
Japan
The age of consent in Japan is 16 years old, according to Articles 176 and 177 of the Penal Code (as amended in 2023).
In the original 1907 Penal Code, the age of consent was 13 years old, which by 2023 was among the world's lowest. Article 176 ("Forcible Indecency") established a penalty of 6 months to 10 years of imprisonment for "indecent acts" with males and females under 13 years old, and Article 177 ("Rape") established a minimum sentence of 3 years for sexual intercourse with females under 13. In 2017, Article 177 was amended to specify vaginal, anal, and oral intercourse, to apply to all persons instead of females, and to increase the minimum sentence to 5 years. In 2023, the two articles were amended to raise the age of consent from 13 to 16 years old. An exception was included for sexual acts involving persons aged 13 to 15, by which the older partner is only subject to penalty if five or more years older. The amendments were part of a larger reform of Japan's sex crime legislation.
An array of local ordinances adopted in all 47 Japanese prefectures, known as Seishōnen Hogo Ikusei Jōrei (青少年保護育成条例, "Bylaws for Protecting and Nurturing Adolescents") forbid sexual acts judged "indecent" (淫行, inkō) between adolescents (defined as persons under 18) and adults; 12 prefectures adopted such a bylaw in the 1950s, 19 in the 1960s, 13 in the 1970s, 2 in the 1980s, and the last (Nagano Prefecture) in 2016. A 1985 decision of the Supreme Court of Japan held that the ordinances were not to be broadly interpreted as forbidding all sexual acts with adolescents, but only those "conducted by unfair means that take advantage of the juvenile's mental or physical immaturity, such as by enticing, threatening, deceiving, or confusing, as well as where the juvenile is treated merely as an object to satisfy one's own sexual desires." The Supreme Court also ruled that sexual acts within "socially accepted norms", such as within marriage, engagement, or a "similar sincere relationship", were not "indecent". As of 2004, about 1,000 offenses by adults are punished annually under these bylaws; a typical penalty is a ¥300,000 fine and a suspended sentence.
Jordan
The age of consent in Jordan is set at 18 years old, regardless of gender and/or sexual orientation, according to the country's penal code.
Kazakhstan
The age of consent in Kazakhstan is 16, according to article 122 of the Crime Criminal Code.
Article 122. Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age, the guilty party being aware of that fact, shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years.
Kuwait
Sexual activity outside marriage is illegal in Kuwait. The marriageable age is 15 for girls and 17 for boys.
Kyrgyzstan
The age of consent in Kyrgyzstan is 16, regardless of gender or sexual orientation. This is established by Article 132 of the penal code, and only applies to offenders over age 18.
Article 133 forbids "lecherous actions" against persons below 14 committed without violence. Anyone aged 16 (the general age of criminal responsibility) or above can be punished under this section.
Laos
The age of consent in Laos is 15 regardless of gender or sexual orientation. Article 129 of the Laos Penal Code provides for a penalty of 1–5 years' imprisonment and a fine of 2–5 million kip.
Lebanon
The age of consent for sex in Lebanon is 18 for both males and females in regardless of gender or sexual orientation.
Article 505 of the Penal Code states, "Whoever commits a sexual act with a minor of less than fifteen (15) years, shall be punished with hard labor of up to fifteen (15) years. This penalty shall be for a minimum of five (5) years, if the victim has not attained the age of twelve (12) years. And whoever commits a sexual act with a minor aged more than fifteen (15) to years but less than eighteen (18) years, shall be punished by imprisonment for a period varying between 2 months and 2 years."
According to Lebanese Marital Law, individuals aged between 15 (14 in the case of females with judicial consent) and 18, may marry in exceptional cases (when factoring in areas of the law, such as and including both parental and judicial consent), and in the cases of females - marriage is allowed outright, as an unrestricted right, from the age of 17. However it is unclear, as to what extent sex within the confines of marriage impacts on the general age of consent.
Macau
The general age of consent in Macau is 14, regardless of gender or sexual orientation, provided that the older participant did not abuse their inexperience of a person aged 14 or 15.
Otherwise the general age of consent is 16 years of age (except in specific cases where an individual aged 16 to 18 years of age is entrusted to an adult for education or assistance purposes whom have abused such position - as specified under article 167/1(b) of the Macau Criminal Code).
Sex with minors younger than 14 years old is more severely punished (1 to 8 years' imprisonment) compared to minors aged 14 or 15 (up to 4 years' imprisonment if the perpetrator abused the minor's inexperience). Anal sex, irrespective of the gender or orientation of the participants (male-male, female-female, male-female), has an aggravated punishment (3 to 10 years of prison if practiced with a minor under the age of 14 and up to 4 years if practiced with an older minor).
Malaysia
The de facto age of consent for heterosexual sex in Malaysia is 16 for both sexes, as homosexual activity in Malaysia is illegal.
Under the Malaysian Penal Code (Act 574), Section 375, the specified age is 16;
Rape. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions: (...) Sixthly – With or without her consent, when she is under sixteen years of age.
However, Article 17 of the Sexual Offences Against Children Act 2017 makes any sexual touching of a child (defined as under 18 years) punishable by up to 20 years imprisonment.
Maldives
Sexual activity outside marriage is illegal in Maldives.
The legal age of marriage is 18 for both males and females (16 with parental consent).
Mongolia
The age of consent in Mongolia is 16, regardless of gender or sexual orientation.
Myanmar
The age of consent in Myanmar is 16. It was raised from 14 with the amendment of the Myanmar Penal Code section 375, paragraph 5 in 2016.
If married, the legal age is now 15.
Nepal
The age of consent in Nepal is 18 regardless of gender or sexual orientation.
North Korea
The age of consent in North Korea is 15.
A person who has sexual intercourse with a minor under the age of fifteen shall be punished by reform through labour for less than one year. In cases where the person has intercourse multiple times, the person shall be punished by reform through labour for less than five years.15살에 이르지 못한 미성인과 성교한자는 1년이하의 로동단련형에 처한다. 여러번 성교한 경우에는 5년이하의 로동교화형에 처한다.—Article 281, Criminal Law, 2016
Oman
Sexual activity outside marriage is illegal in Oman.
Pakistan
Sexual activity outside marriage is illegal in Pakistan.
The minimum legal age of marriage is 18 for males, and 16 for females (with the exception of both Sindh and the Punjab, where the minimum age of marriage is set at 18 for both sexes).
Palestine
Gaza Strip
In the Gaza Strip, any kind of sexual activity outside marriage is illegal.
West Bank
The age of sexual consent is the same as in Jordan. Consensual sex is legal at the age of 18 years regardless of gender.
Philippines
The minimum age for consensual sex is set at 16 years, regardless of gender and/or sexual orientation. There is a close in age exemption for adolescents aged 13–15 if their partner is less than three years older.
Until 2022, the age of consent was 12. Sexual intercourse with a person under the age of 12 was defined as rape, under Chapter 3, Article 266 of the Anti-Rape Law of 1997.
However, while consensual sex with a person under age 18 is not statutory rape, it is still a violation of the law if the child is found to be "exploited in prostitution or subject to other sexual abuse". Under Republic Act No. 7610, a child is defined as a person below 18 years of age and the law reads:
Article III, Section 5. Child Prostitution and Other Sexual Abuse.
- Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
"Other sexual abuse" requires "some form of compulsion equivalent to intimidation". The courts have specified that "influence" means "improper use of power or trust in any way that deprives a person of free will and substitutes another's objective".
Although it does not specifically deal with sexual activity, Article VI, Section 10 of Republic Act 7610 can be considered to establish a de facto maximum close in age exception of 10 years for minors aged 12 to 17 years.
ARTICLE VI Other Acts of Abuse
- Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development...
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prison mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.
Articles 337–338 of the same Anti-Rape Law of 1997 specifies the crime of "simple seduction"; this requires gaining the consent of a 12-17-year-old through the use of deceit (generally a false promise of marriage), and Article 343 that defines eloping with a girl 12–18 as consented abduction, which is also outlawed.
Several proposals had been made to increase the age of sexual consent from 12 to 18 years old in the 2010s. In 2020, the Philippine House of Representatives Committees on Revision of Laws and Welfare of Children passed a proposal to raise it to 16. In September 2021, the Philippine Senate unanimously voted in favor of the age of consent bill, with 22 senators backing it and an abstention by one senator, and President Rodrigo Duterte signed the Senate proposal into law in March 2022.
Qatar
Any kind of sexual activity outside the confines marriage is illegal in Qatar.
According to the Family Act, the minimum age of marriage is 18 for boys and 16 for girls. A court may allow a marriage below the minimum ages - as specified, but it requires the consent of the legal guardian of, as well as the consent of the two persons under the specified ages to be married.
Saudi Arabia
Any kind of sexual activity outside marriage is illegal in Saudi Arabia. In 2019, Saudi Arabia officially banned all marriages under the age of 18 for both men and women. The Saudi Shura Council had outlawed marriages under the age of 15, and required court approval for those under 18. In accordance with the Child Protection Law, the law has a provision that states "Before the conclusion of the marriage contract, it is necessary to ensure that a person marrying under the age of 18 will not be harmed, whether male or female."
Singapore
The general age of consent in Singapore is set at 16, regardless of gender and/or sexual orientation. However, where there is a relationship of trust, authority or dependency, the age of consent is 18. The relationship must not be exploitative of the younger person.
In addition, Sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D criminalize sexual activity with individuals below the age of 18 if the relationship is deemed exploitative of the younger person. Section 377CA stipulates that the court can determine if such a relationship is exploitative depending on the "circumstances of each case" - including age gap between the accused and the youth, the nature of the relationship, and the degree of control or influence exercised by the accused person over the minor. It also stipulates that - unless the accused is married to the younger partner - such relationships will be deemed exploitative until proven otherwise, if:
- (a) the accused person is the parent, step-parent, guardian or foster parent of the minor;
- (b) the accused person is the de facto partner of the parent, guardian or foster parent of the minor;
- (c) the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student;
- (d) the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor;
- (e) the accused person is a custodial officer of an institution in which the minor is detained;
- (f) the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person;
- (g) the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person.
In addition, Section 376B criminalizes commercial sexual activity with youth under 18 - regardless of whether it occurs within or outside Singapore. Section 376D also further criminalizes attempting to travel outside Singapore for the purposes of committing such actions outside Singapore.
Homosexuality between females was decriminalized in 2007, and on November 29, 2022, Parliament of Singapore repealed section 377A of the Penal Code and decriminalized homosexuality between males.
South Korea
In South Korea, sexual activity with a person under the age of 16 (in international age, not "Korean age") is considered statutory rape, unless the other party is under 19. Sex with a child under 13 is considered statutory rape under all circumstances. Prior to 2020 the age of consent in South Korea was 13.
By 1894, extramarital sex was punished by being cudgeled 90 times, which could lead to death. It is difficult to confirm how the Age of Consent Act of 1894-1910 was enforced.
Sri Lanka
The age of consent in Sri Lanka is 16 regardless of gender or sexual orientation. However, girls belonging to Sri Lanka's Moor and Malay minorities representing approximately 10% of the national population are allowed to marry after 12 years of age and below the age of 12 with the approval of the religious leader, Moulavi and either father, brother, uncle, grandfather.
(...)
(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.
365B. (1) Grave sexual abuse is committed any person who, for sexual gratification, does any act, by the use of his genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under section 363, in circumstances falling under any of the following descriptions, that is to say:
(a) without the consent of the other person;
(aa) with or without the consent of the other person when the other person is under sixteen years of age;
(...)
Syria
The age of consent in Syria is 15, per Article 491.
Article 491:
1. Every person who has sexual intercourse with a minor under 15 years of age shall be liable to a term of nine years' imprisonment at hard labour.
2. The said term shall be not less than 15 years if the child is under 12 years of age.
Taiwan
The age of consent in Taiwan is 16 regardless of gender. The sentence is reduced or exempted if the offender is under 18. Also, if the offender is under 18, it's an offense indictable only upon a complaint. The penalties for having consented sexual intercourse with minors are separated into 2 age ranges, with those under 14 subject to 3 to 10 years, and those between 14 and 16 subject to a maximum of 7 years. Note that since such cases with "offenders" under 18 are indictable only upon complaint, practically if both parties are under 16, parents most likely would not press charges in fear of the fact that if one side sues, the other side may sue as well resulting in both minors being sentenced.
Tajikistan
The age of consent in Tajikistan is 16, as specified in article 141 of the Criminal Code. The penalty is specified as deprivation of freedom for 2 to 5 years.
Article 141. Sexual Intercourse And Other Actions of Sexual Character With an Individual Under 16 Years of Age
"(1) Sexual intercourse, homosexuality or lesbianism committed by an individual at the age of 18 years with an individual under 16 years of age when there are no elements of the crime stipulated by Article 138 and Article 139 of the present Code, is punishable by deprivation of freedom for a period of 2 to 5 years."
Articles 138 and 139 provide harsher penalties for Rape and Forcible sex against minors, including the possible death penalty for rape of a girl under 14.
Thailand
The age of consent in Thailand is 15 regardless of gender or sexual orientation, as specified by article 279 of the Thai Criminal Code. The current legislation applies to all regardless of gender or sexual orientation. A close-in-age exemption allows sexual acts from age 14 if the older party is no more than 21.
However, parts of the Prevention and Suppression of Prostitution Act, which disallow any sexual contact with prostitutes under the age of 18, are widely interpreted by some local authorities to cover sexual acts classed as "obscenity for personal gratification". The Penal Code Amendment Act of 1997 (Section 283 bis) implies this to be within the context of sexual trafficking. A high-profile example of this application of the law was a statutory rape charge filed against the lead singer of the Thai band Big Ass for allegedly having had sex with a (then) 16-year-old girl. The charge was filed by the girl after the singer refused to take responsibility for her baby. The singer has since been cleared of being the baby's father due to the results of a paternity test and he received 2 years suspended sentence.
Turkey
The age of consent in Turkey is 18.
According to Article 104 of the Turkish Penal Code (Türk Ceza Kanunu), sexual intercourse with minors aged 15, 16 and 17 can only be prosecuted upon a complaint. These complaints require the intention of the youth over the age of 15 and not the parents. However, if the offender is a person who is forbidden to marry the child by law or is a person who is obliged to take care of the child due to adoption or foster care, then the prosecution doesn't require a complaint and the punishment is aggravated.
Article 103 regulates any kind of sexual activity with minors under 15 (or minors under 18 who lack the ability to understand the legal meanings and consequences of such actions) as child sexual abuse.
History
The Ottoman Empire, a predecessor state to the Republic of Turkey, decriminalized sodomy in 1858. The age of consent in Turkey was set at 15 for both heterosexual and homosexual sex in the 1926 penal code, but this was raised to 18 in 1953. The new penal code of 2004 also set the age of consent for both heterosexual and homosexual sex at 18, with some differences, such as the act of having sexual intercourse with a minor over 15 being punishable upon a complaint.
Turkmenistan
The age of consent in Turkmenistan is 16.
United Arab Emirates
Sexual activity outside marriage is illegal in the United Arab Emirates. The general legal age of marriage is 18 for both sexes (although mature minors are allowed to marry with judicial permission).
In 2020, United Arab Emirates decriminalized sex outside of marriage. Consensual sex will be punished by the law if the victim, male or female, is under 18 years of age, or if the victim is deprived of their will due to their young age, insanity or mentally challenged or if the culprit is a first degree relative of the victim or responsible for their upbringing or usual care or has an authority of the minor victim. However, in November 2021, the country have instated a new penal code that reintroduces the criminalization of consensual sex outside of marriage, which had been dropped from the older law as part of the 2020 amendments.
A person convicted of committing sexual intercourse with a minor or mentally challenged person by force would be punished by the death penalty.
Uzbekistan
The age of consent in Uzbekistan is 16 for heterosexual sex as well as for homosexual activities not amounting to anal sex, which is illegal regardless of age and punishable with imprisonment for up to three years (called Besoqolbozlik).
Sexual relations with a person under sixteen (16) years of age, Clause 128 of the Criminal Code: (1) A sexual relation or satisfaction of sex requirements in the unnatural form with a person who was obviously less than sixteen (16) years old, shall be punished by corrective labour measures for up to two (2) years or by the arrest up to six (6) months, or with imprisonment for up to three (3) years.
Vietnam
The 2015 Penal Code indicates that the age of consent in Vietnam is 16 regardless of gender or sexual orientation.
Article 145 criminalizes sexual activity with those aged 13–15 in situations not amounting to rape (article 142 - requires threat or violence) or sexual abuse (article 144 - employing "trickery" to make a 13-15-year-old who is the offender's care-dependent or a person in extreme need "reluctantly engage in sexual intercourse or other sexual activities").
Article 145. Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16
1. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in cases other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonment: a) The offence has been committed more than once; b) The offence is committed against 02 or more people; c) The offence is of an incestuous nature; d) The offence results in the victim's pregnancy; dd) The offence results in 31% - 60% physical disability of the victim; e) The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment. 3. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonment: a) The offence results in ≥ 61% physical disability of the victim; b) The offender commits the offence in the knowledge of his HIV infection.
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years.
Article 146. Molestation of a person under 16
1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonment: a) Organized crime; b) The offence has been committed more than once; c) The offence is committed against 02 or more people; d) The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment; dd) The victim suffers from 11% - 45% mental and behavioral disability because of the offence; e) Dangerous recidivism. 3. This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonment: a) The victim suffers from 46% mental and behavioral disability or above because of the offence; b) The offence results in the suicide of the victim.
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years.
Article 147. Employment of a person under 16 for pornographic purposes
1. Any person aged 18 or over who persuades, entices, forces a person under 16 to participate in a pornographic performance or watch a pornographic performance in any shape or form shall face a penalty of 06 - 36 months' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonment: a) Organized crime; b) The offence has been committed more than once; c) The offence is committed against 02 or more people; d) The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment; dd) The offence is committed for commercial purposes; e) The victim suffers from 11% - 45% mental and behavioral disability because of the offence; g) Dangerous recidivism. 3. This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonment: a) The victim suffers from 46% mental and behavioral disability or above because of the offence; b) The offence results in the suicide of the victim.
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years.
Yemen
Any kind of sexual activity outside marriage is illegal in Yemen. Until recently, Yemeni law set the age of marriage at 15. However, that law has been eradicated. Now, "Yemeni law allows a girl of any age to wed, but it forbids sex with them until the indefinite time they are suitable for sexual intercourse.'" In 1999, the minimum marriage age of fifteen for women, rarely enforced, was abolished; the onset of puberty, interpreted by ulama to be at the age of nine, was set as a requirement for consummation of marriage.
In April 2008, the case of Nujood Ali, a 10-year-old girl who successfully obtained a divorce, sparked headlines around the world, and prompted calls to raise the legal age for marriage to 18. Later in 2008, the Supreme Council for Motherhood and Childhood proposed to define the minimum age for marriage at 18 years. The law was passed in April 2009, but dropped the following day following maneuvers by opposing parliamentarians. Negotiations to pass the legislation continue.
See also
- Age of consent reform
- Age of consent
- Ages of consent in Africa
- Ages of consent in Europe
- Ages of consent in North America
- Ages of consent in Oceania
- Ages of consent in South America
- Comprehensive sex education
- LGBT rights in Asia
- Sex education
Notes
References
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Chapter 2 Rape and Sexual Assault
Article 344
Life imprisonment shall be the penalty for any person who assaults a woman without her consent. The penalty shall be a death sentence or life imprisonment if the victim is less than sixteen years of age. The non-consent of the victim shall be presumed if she is less than fourteen years of age.
Article 345
A prison sentence for a period not exceeding twenty years shall be the punishment for any person who has sexual intercourse with a female who is more than fourteen years but has not reached the age of sixteen years, with her consent. A prison sentence of no more than 10 years shall be the sentence for any person who has sexual intercourse with a female who is more than sixteen years but less than twenty-one years, with her consent.
Article 346
A prison sentence for a period not exceeding ten years shall be the punishment for any person who assaults another against his will. The punishment shall be a prison sentence if the victim is less than sixteen years. The non-consent of the victim shall be presumed if he is less than fourteen years.
Article 347
A prison sentence shall be the punishment for anyone who assaults a person who is more than fourteen years but less than twenty-one years, with his consent. - "নারী ও শিশু নির্যাতন দমন আইন, ২০০০". Laws of Bangladesh. Archived from the original on 12 August 2020. Retrieved 24 August 2020.
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本条例一〇条一項の規定にいう「淫行」 とは、広く青少年に対する性行為一般をいうものと解すべきではなく、青少年を誘 惑し、威迫し、欺罔し又は困惑させる等その心身の未成熟に乗じた不当な手段によ り行う性交又は性交類似行為のほか、青少年を単に自己の性的欲望を満足させるた めの対象として扱つているとしか認められないような性交又は性交類似行為をいう ものと解するのが相当である。 けだし、右の「淫行」を広く青少年に対する性行為 一般を指すものと解するときは、「淫らな」性行為を指す「淫行」の用語自体の意 義に添わないばかりでなく、例えば婚約中の青少年又はこれに準ずる真摯な交際関 係にある青少年との間で行われる性行為等、社会通念上およそ処罰
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