Ages of consent in Asia

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Main article: Age of consent
Age of consent laws worldwide

The ages of consent for sexual activity vary by jurisdiction across Asia. The specific activity engaged in or the gender of its participants can also be affected by the law. 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, for example homosexual relations or close in age exceptions may exist and are noted when relevant, for example in Indonesia.

Contents

[edit] Afghanistan

The age of consent is 16,[1]

[edit] Azerbaijan

The age of consent in Azerbaijan is 16.

Article 152

Sexual intercourse with the person below the age of 16 years-old, as well as the same offences linked with satisfaction of sexual passion in perverted forms shall be punished by imprisonment up to 3 years.[2]

[edit] Bahrain

The age of consent is 16.[3]

[edit] Bangladesh

The 1860 Indian Penal Code was inherited by Bangladesh which makes the age of consent 14

[edit] Bhutan

The age of consent in Bhutan is 18.[4]

[edit] Brunei

The age of consent in Brunei is 16.

Article 2 of this Act determines the offence as follows: 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.[5]

[edit] Burma

The 1860 Indian Penal Code was also inherited in Myanmar, making the age of consent 14 there as well.[6]

Section 375. [14]

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:

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.

[edit] Cambodia

The age of consent in Cambodia is 16.[7]

[edit] China

[edit] Hong Kong

In Hong Kong the age of consent for sexual activity is 16 for heterosexual couples[8].

Under s.124 of the Crimes Ordinance (Cap.200)[8], 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[9], 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[9], 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 intercourse with a boy under 16 will be prosecuted under this section.

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.[10]. However, this section was struck down as unconstitutional in Leung TC William Roy v Secretary for Justice.[11]

[edit] Mainland China

In the People's Republic of China the national legal age of consent for sexual activity is 14 years, regardless of gender and/or sexual orientation.[citation needed]. However, most provinces have ordinances that prohibit "immoral sexual acts" or "promiscuity" with female minors. The phrases "immoral sexual acts" and "promiscuity" are not strictly defined. It is mainly used to prevent female minors from engaging in prostitution, with a special clause provisioning for "Whoring girls aged under 24."[citation needed] However, consensual sex with a female partner under 14 is not criminally punished where the male partner is under 17(included). In fact, sexual activity is increasingly common among underage teenagers, especially in urban areas.[citation needed] As a result, underage pregnancies are seen more and more often, most of which end with abortion, since the parents are unable to marry. Premarital sex is generally unacceptable culturally;[citation needed] however, these perceptions are changing, especially among younger generations.

[edit] Georgia

The age of consent in Georgia is 16.[12]

[edit] India

India's age of consent for heterosexual sex is 16, except in the state of Manipur, where it is 14. If the partners are married to each other they may legally engage in sexual activity at a lower age (13 in Manipur and 15 elsewhere). [15]

The Kerala High Court, in 2004, succeeded in recommending the state government increase the age of consent to 18. The Law Commission of India, has recommended the federal government raise the age of consent of married person to 16 from 15.[13] However, none of those proposals have been considered by any of the (federal / state) legislatures till date. [16]

An old British-era law banning "carnal intercourse against the order of nature" was used to prosecute people for having anal or oral sex, though prosecutions are rare. That law (Section 377, Indian Penal Code Act 1860) is currently under constitutional challenge at the Delhi High Court for violating the human rights of sexual minorities. But after the Delhi High Court's Judgement on the issue, the age of consent for consensual homosexual sex is 18. [17] See LGBT rights in India[.[14][15]

[edit] Indonesia

In Indonesia the age of consent for heterosexual sexual activity is 19 years for males and 16 years for females.[16] The age of consent for homosexuals is 18.

[edit] Iran

The minimum age of marriage in Iran is 18 for men and 16 for women. In 2009 the average age when people got married was 26 for men and 23 for women. Sex outside marriage, at any age, is punishable under Law.[17]

[edit] Israel

According to Israeli's law list (1977), the age of consent in Israel is 16 for any form of sex. Sexual relationships are allowed from ages 14–16, as long as the male is less than 3 years older than the female, and both sides agree and do it willingly (example: a 17 year old male may have sex with a 14 year old female, and an 18 year old male may have sex with 15 year old female).[18]

[edit] Japan

The national age of consent in Japan is 13 as specified by the Japanese Penal Code Articles 176 and 177.[19] However, prefectures can have ordinances that prohibit sexual activities with any minor under 18.[20]

'Indecency through compulsion', Art. 176 Penal Code 'A person who, through violence or intimidation, commits an indecent act upon a male or female person of not less than thirteen (13) years of age shall be punished with imprisonment at forced labour for not less than six months nor more than seven years. The same shall apply to a person who commits an indecent act upon a male or female person under thirteen (13) years of age.'.[21]

‘Rape’, Art. 177 Penal Code 'A person who, through violence or intimidation, has sexual intercourse with a female person of not less than thirteen (13) years of age commits the crime of rape and shall be punished with imprisonment at forced labour for a limited term of not less than two years. 'The same shall apply to a person who has sexual intercourse with a 'female person under thirteen (13) years of age'.[22]

[edit] Kazakhstan

The age of consent in Kazakhstan is 18 years, regardless of gender and/or sexual orientation.[23]

[edit] Kuwait

The age of consent in Kuwait is 15 for girls and 17 for boys.[24]

[edit] Laos

The age of consent in Laos is 15.[25]

Article 129, Penal Code

An individual that has sexual relations with a girl or a boy whose age is under fifteen (15) will be imprisoned from one (1) to five (5) years, and fined from two (2) to five (5) million kips.[26]

[edit] Malaysia

The age of consent for sex in Malaysia is 16 for both males and females.[27]

Section 375

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.[28]

[edit] Mongolia

The age of consent in Mongolia is 16, regardless of gender and/or sexual orientation.[29]

Article 110. 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.[30]

[edit] Nepal

The age of consent in Nepal is 16.[31]

[edit] North Korea

There is currently no legal age of consent in North Korea.[citation needed]

[edit] Oman

Oman has no laws regarding the age of consent, but sex cannot be legally performed outside of marriage.[32]

[edit] Philippines

The age of consent in the Philippines is 18.

Sexual intercourse with a person under the age of 12 is defined as rape:

Chapter Three
Rape
"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.[33]

In regard to children aged 12–18, the law reads (any person under 18 is considered a child):

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.[34]

If an adult has sex with a child 12-18, it can be considered that the child did so because of the influence of an adult (even if there was no coercion).

[edit] Qatar

Any kind of sexual activity outside marriage is illegal.[citation needed] Like Saudi Arabia, Qatar has no age limit for marriage, but the consent of the parents must be given before marriage.[35]

[edit] Russian Federation

Currently the age of consent in Russia is 16. See Russian Federation's entry at Ages of consent in Europe

[edit] Saudi Arabia

Any kind of sexual activity outside marriage is illegal in Saudi Arabia, but there is no restriction on the age of marriage.[36] For instance, in 2008 a Saudi court refused to annul a marriage between an 8 year old girl and a 58 year old man.[37] A prohibition on marriage under the age of 14 was being considered by the Ministry of Justice in late 2008. According to cleric Ahmad Al-Mu’bi, the appropriate minimum age for sex "varies according to environment and traditions."[36]

[edit] Singapore

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. [38]

Under section 377A (outrages on decency) in the Penal Code 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. However, this law is rarely enforced.[citation needed]

[edit] South Korea

According to section 305 of the criminal law of South Korea [39] it is a criminal offense to have sexual intercourse with a minor under the age of 13.
According to part of the Protection of Minors from Sexual Exploitation Law [40], it is a criminal offense to coerce a minor under the age of 19 to a sexual act.
Culturally it is not accepted to have sexual act with a minor under the age of 19 even with the consent of the minor at the age of 13 or above, as evidenced by surprise and uproar when a man was acquitted of sexual relationship with a 16-year old teenage runaway in 2001. [41]

[edit] Taiwan

The age of consent in Taiwan (formally known as the Republic of China) is 16 regardless of sex. The sentence is reduced or exempted if the offender is under 19. If the offender is under 18, it's an offense indictable only upon complaint.[42]

[edit] Tajikistan

The age of consent in Tajikistan is 17 regardless of gender and/or sexual orientation.[43]

[edit] Thailand

The age of consent in Thailand is 15 (with the below caveat) as specified by article 279 of the Thai Criminal Code. The current legislation applies to all regardless of gender and/or sexual orientation, although it is a common misconception that it applies only to women.[citation needed]

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". Also from the Penal Code Amendment Act of 1997 Section 283bis, 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 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.[44][45]

[edit] Turkey

The age of consent in Turkey is the age of majority (set at 18), as specified by the 2004 Turkish Penal Code. The legislation applies to all, regardless of sexual orientation and/or gender.

[edit] Turkmenistan

The age of consent in Turkmenistan is 16.[46]

[edit] Uzbekistan

The age of consent in Uzbekistan is 16 for heterosexual males (oral sex for homosexual males) and both lesbian and heterosexual females.[47] Only male homosexual anal intercourse is punishable with imprisonment for up to 3 years (called Besoqolbozlik).[citation needed]

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.[48]

[edit] Vietnam

The age of consent in Vietnam is 16. 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."[49] Article 115 further provides for imprisonment for 1 to 5 years for sexual intercourse with persons aged 13 to 16.[50]

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.[51]

[edit] Yemen

Any kind of sexual activity outside marriage is illegal in Yemen. Until recently, Yemeni law set the age of consent at 15. But tribal customs and interpretations of Islam often trump the law. In practice, "Yemeni law allows girls of any age to wed, but it forbids sex with them until the indefinite time they’re 'suitable for sexual intercourse.'" [52] In 1999, the minimum marriage age of fifteen for women, rarely enforced, was abolished; the onset of puberty, interpreted by conservatives to be at the age of nine, was set as a requirement for consummation of marriage.[53]

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.[54] 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.[55]

[edit] See also

Sexuality portal
Law portal

[edit] References

  1. ^ http://www.gainesvilletimes.com/news/archive/10334/
  2. ^ [1]
  3. ^ http://www.buddybuddy.com/consent.html
  4. ^ http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaBhutan.pdf
  5. ^ "Legislation of Interpol member states on sexual offences against children - Brunei". Interpol. 2006. http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaBrunei.pdf. 
  6. ^ http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaMyanmar.pdf
  7. ^ [2]
  8. ^ a b "Crimes Ordinance (Cap. 200) s.124". HKLII. http://www.hklii.org/hk/legis/en/ord/200/s124.html. Retrieved 2 March 2010. 
  9. ^ a b "Crimes Ordinance (Cap. 200) s.123". HKLII. http://www.hklii.org/hk/legis/en/ord/200/s123.html. Retrieved 2 March 2010. 
  10. ^ "Crimes Ordinance (Cap. 200) s.118C". HKLII. http://www.hklii.org/hk/legis/en/ord/200/s118c.html. Retrieved 2 March 2010. 
  11. ^ "CACV No. 317 of 2005". http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=54227&QS=%2B&TP=JU&currpage=T. 
  12. ^ http://www.ihf-hr.org/viewbinary/viewdocument.php?doc_id=2059
  13. ^ Love-making with girl or wife below 16 years a crime: Panel-India-The Times of India
  14. ^ Laws - IPC - Section 375
  15. ^ Infochange India News Features Agenda Who is a child?
  16. ^ http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaIndonesia.asp Sexual Offences Laws - Indonesia - Interpol
  17. ^ Payvand Iran News, Mehdi Baghernejad, April 18, 2010
  18. ^ http://he.wikisource.org/wiki/%D7%97%D7%95%D7%A7_%D7%94%D7%A2%D7%95%D7%A0%D7%A9%D7%99%D7%9F
  19. ^ "Sexual Offenses Laws of Japan". The Website of Interpol. http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaJapan.asp. Retrieved 2009-03-08. 
  20. ^ http://www.avert.org/age-of-consent.htm
  21. ^ [3]
  22. ^ [4]
  23. ^ http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaKazakhstan.pdf (Art. 122)
  24. ^ http://www.unhchr.ch/tbs/doc.nsf/0/2f5665ae20b956cb8025675a0033cafb?Opendocument
  25. ^ Joe Cummings, Andrew Burke. Lonely Planet Guide to Laos, p. 256
  26. ^ [5]
  27. ^ http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.interpol.int%2FPublic%2FChildren%2FSexualAbuse%2FNationalLaws%2FcsaMalaysia.pdf&images=yes Sexual Offences Laws - Malaysia - Interpol
  28. ^ [6]
  29. ^ Microsoft Word - MONGOLIA TEMPLATE START.doc
  30. ^ [7]
  31. ^ [8]
  32. ^ http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaOman.pdf
  33. ^ [9]
  34. ^ [10]
  35. ^ Frank. "eastgarden Qatar". Archived from the original on 2009-10-24. http://www.webcitation.org/5kmDDqvgo. 
  36. ^ a b Muhammad Odhaib, Move to ban underage marriages, Saudi Gazette, 1 January 2009.
  37. ^ Saudi court tells girl aged EIGHT she cannot divorce husband who is 50 years her senior, Daily Mail, 22 December 2008.
  38. ^ [11]
  39. ^ http://ko.wikisource.org/wiki/%EB%8C%80%ED%95%9C%EB%AF%BC%EA%B5%AD_%ED%98%95%EB%B2%95#305
  40. ^ http://ko.wikisource.org/wiki/%EC%B2%AD%EC%86%8C%EB%85%84%EC%9D%98_%EC%84%B1%EB%B3%B4%ED%98%B8%EC%97%90_%EA%B4%80%ED%95%9C_%EB%B2%95%EB%A5%A0
  41. ^ http://www.donga.com/fbin/output?n=200108310204
  42. ^ ROC Criminal Law, Article 227, 227-1 229-1
  43. ^ http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaTajikistan.pdf
  44. ^ "DNA test clears 'Dag'". 2006-05-20. http://www.nationmultimedia.com/2006/05/20/national/national_30004480.php. 
  45. ^ "Popular rocker given suspended jail term for having sex with underage girl". 2007-03-30. http://www.nationmultimedia.com/breakingnews/read.php?newsid=30029866. 
  46. ^ http://www.interpol.com/Public/Children/SexualAbuse/NationalLaws/csaTurkmenistan.pdf
  47. ^ http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaUzbekistan.pdf
  48. ^ [12]
  49. ^ http://www.worldlii.org/vn/legis/pc66/s112.html
  50. ^ http://www.worldlii.org/vn/legis/pc66/s115.html
  51. ^ [13]
  52. ^ Power, Carla (12 August 2009), Nujood Ali & Shada Nasser win “Women of the Year Fund 2008 Glamour Award”, Yemen Times, http://www.yementimes.com/DefaultDET.aspx?i=1207&p=report&a=1, retrieved 16 February 2010 
  53. ^ Human Rights Watch (2001), "Yemen: Human Rights Developments", World Report 2001, Human Rights Watch, http://www.hrw.org/wr2k1/mideast/yemen.html, retrieved 8 April 2010 
  54. ^ Daragahi, Borzou (June 11, 2008), Yemeni bride, 10, says I won't, Los Angeles Times, http://articles.latimes.com/2008/jun/11/world/fg-childbride11, retrieved 16 February 2010 
  55. ^ Mahmoud Assamiee and Nadia Al-Sakkaf (25 March 2010), Relative breakthrough in Yemen’s early marriage dilemma, Yemen Times, http://www.yementimes.com/defaultdet.aspx?SUB_ID=33771, retrieved 8 April 2010 
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