Ages of consent in Asia

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Ages of consent in Asia

The legal age of consent for sexual activity varies by jurisdiction across Asia, from age 12 to 21 years of age. 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, for example in Indonesia.

The below is a list of all jurisdictions in Asia as listed in List of sovereign states and dependent territories in Asia.

Summary[edit]

Definitions[edit]

  • Limited by age: younger partner is deemed able to consent to having sex with an older one as long as their age difference doesn't exceed a specified amount.
  • Limited by relationship: 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 recognised to be abusing the inexperience of the younger one.
  • Unlimited: age from which one is deemed able to consent to having sex with anyone else or marriageable age if they must be married

Different jurisdictions express these definitions differently. Some, like most Australian states, may say the age of consent is 16 except if the older partner is in a position of authority over the younger one. So, effectively, the unrestricted age of consent there is 18. Others, like Argentina, may say the age of consent is 18, but an exception is made down to 13 years of age, if the older partner is not in a position of authority over the younger one. The data below reflects what each jurisdiction's legislation actually means, rather than what it states on the surface.

Countries and States Must be
married
Limited by age Limited by relationship Unlimited
Hetero Homo Hetero Homo Hetero Homo
M F M F M F M F M F M F
 China No N/A N/A N/A N/A N/A N/A N/A N/A 14 14 14 14
 Japan No N/A N/A N/A N/A 13 13 13 13 20 20 18 18
 India No N/A N/A N/A N/A N/A N/A N/A N/A 18 18 18 18
 South Korea No N/A N/A N/A N/A N/A N/A N/A N/A 13 13 13 13
 Indonesia No 12 12 12 12 N/A N/A N/A N/A 18 18 18 18
 Saudi Arabia Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 15 N/A N/A
 Iran Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 15 N/A N/A
 Thailand No 15 15 15 15 N/A N/A N/A N/A 18 18 18 18
 United Arab Emirates Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 18 N/A N/A
 Malaysia No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 N/A N/A
 Singapore No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Israel No 14 14 14 14 N/A N/A N/A N/A 16 16 16 16
 Philippines No 12 12 12 12 N/A N/A N/A N/A 18 18 18 18
 Hong Kong No 16 16 16 16 N/A N/A N/A N/A 21 21 N/A N/A
 Pakistan Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 16 N/A N/A
 Iraq No N/A N/A N/A N/A N/A N/A N/A N/A 18 18 N/A N/A
 Qatar Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 16 N/A N/A
 Vietnam No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Bangladesh No N/A N/A N/A N/A N/A N/A N/A N/A 14 14 14 14
 Kuwait Yes N/A N/A N/A N/A N/A N/A N/A N/A 17 15 N/A N/A
 Oman Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 18 N/A N/A
 Sri Lanka No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Myanmar No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Macau No N/A N/A N/A N/A N/A N/A N/A N/A 14 14 14 14
 Lebanon No N/A N/A N/A N/A N/A N/A N/A N/A 18 18 18 18
 Turkmenistan No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Yemen Yes N/A N/A N/A N/A N/A N/A N/A N/A N/A 9 N/A N/A
 Jordan No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Bahrain Yes N/A N/A N/A N/A N/A N/A N/A N/A 21 21 N/A N/A
 Afghanistan Yes N/A N/A N/A N/A N/A N/A N/A N/A 18 16 N/A N/A
 Nepal No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 North Korea No N/A N/A N/A N/A N/A N/A N/A N/A 15 15 15 15
 Brunei No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Cambodia No N/A N/A N/A N/A N/A N/A N/A N/A 15 15 15 15
 Mongolia No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Laos No N/A N/A N/A N/A N/A N/A N/A N/A 15 15 15 15
 Tajikistan No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 East Timor No N/A N/A N/A N/A N/A N/A N/A N/A 14 14 14 14
 Bhutan No N/A N/A N/A N/A N/A N/A N/A N/A 18 18 18 18
 Syria No N/A N/A N/A N/A N/A N/A N/A N/A 15 15 15 15
 Taiwan No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 16 16
 Gaza Strip Yes N/A N/A N/A N/A N/A N/A N/A N/A 16 15 N/A N/A
 West Bank No N/A N/A N/A N/A N/A N/A N/A N/A 16 16 N/A N/A

Afghanistan[edit]

Sexual activity outside marriage is illegal in Afghanistan. The minimum age of marriage is 18 for men and 16 for women.[1][2]

Armenia[edit]

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.[3]

Azerbaijan[edit]

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.[4]

Bahrain[edit]

The age of consent in Bahrain is 21 regardless of gender or sexual orientation.[5] According to Article 345 [s amended by Legislative Decree n. 7, 1985], The penalty of imprisonment for a term not exceeding twenty years will be the punishment for anyone who has sex with a woman who is older than 14, but has not yet reached the age of sixteen, with consent. The penalty of imprisonment not exceeding 10 years is the sentence for anyone who has sex with a woman who is over sixteen years but less than twenty one years, with consent.

This age of consent applies to women who marry without the permission of their fathers.[6]

Bangladesh[edit]

The Penal Code of Bangladesh considers 14 years as the age of consent.[7]

Bhutan[edit]

The age of consent in Bhutan is 18 regardless of gender or sexual orientation, according to Article 183 of the Penal Code of Bhutan.[8]

Brunei[edit]

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 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.[9]

Cambodia[edit]

The age of consent in Cambodia is 15 regardless of gender or sexual orientation.[10] 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 {{transl|khm|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.[11][12][13][14]

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."[15]

Mainland China[edit]

In Mainland China, the age of consent for sexual activity is 14 years, regardless of gender or sexual orientation.[16] 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.[17] In August 2015, the law concerning underage prostitutes was repealed. The Statutory rape law now applies to underage prostitution as well.[18]

East Timor[edit]

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).[19]

Article 177. Sexual abuse of a minor:

  1. 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.
  2. 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:

  1. 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.

Georgia[edit]

The age of consent in Georgia is 16 as per the Georgian Penal Code Art. 140, and Art. 141.[20]

Hong Kong[edit]

In Hong Kong the age of consent for sexual activity is 16 regardless of gender or sexual orientation.[21] However, the age of consent for a female receiving anal sex is 21.[22]

Under s.124 of the Crimes Ordinance (Cap.200),[21] 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,[23] 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,[24] 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.

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.[25] However, this section was struck down as unconstitutional in Leung TC William Roy v Secretary for Justice.[26] 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.[27]

India[edit]

India's age of consent for sex is 18 under the Criminal Law (Amendment) Act, 2013.[28]

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 groups about the adverse effect of early pregnancy. In 1982, it was again raised to 16.[29] 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.[30] 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.[31]

Legal action on marital rape[edit]

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 [W.P(civil) 382 of 2013]. In the judgment, delivered on October 11, 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., February 2018 Missing or empty |title= (help).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.[32] 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.

Indonesia[edit]

According to the Indonesian Penal Code article 287, the age of consent in Indonesia is 15 years old.[33] 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 14 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.

However, under the Child Protection Act, the age of consent could be raised to 18.[34] 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.[35]

Iran[edit]

Sex outside of marriage is illegal in Iran.[36][37] The minimum age of marriage in Iran is 18 for men and 15 for women.[38][39] Ways around these regulations include temporary marriages (Nikah mut‘ah).[40] With the permission of a court girls may marry at a younger age; during 2010 as many as 42,000 children aged between 10 and 14 were married,[41] and 716 girls younger than 10 had wed.[42]

Iraq[edit]

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..."

"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 [is punishable by death]."[43]

However, the age of consent might change in the future to age nine for females and 15 for males.[44][45] However, some reporters believe that the draft suggests that there will not be an age of consent.[46][47][48]

Israel[edit]

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 (unless the person above 16 is the one being penetrated - in that case the age of consent is 14). In all cases that don't involve penetration, the age of consent is 14 (for both heterosexual and homosexual activities). 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[edit]

In Japan, the Japanese Penal Code sets a minimum age of consent of 13 regardless of gender or sexual orientation.[49] However, the Children Welfare Act chapter 34 forbids any act of "fornication" (淫行) with children (here defined as anyone under 18 years of age)[50] and all municipalities and prefectures have their own particular laws, such as Tokyo's Youth Protection Law (Japanese: 東京都青少年の健全な育成に関する条例)[a] which prohibits sexual activity with youths who are under 18 years old in most circumstances[51] though some add exemptions for sex in the context of a sincere romantic relationship (typically determined by parental approval).[52]

Jordan[edit]

The age of consent in Jordan is 16 regardless of gender or sexual orientation.[53]

Kazakhstan[edit]

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.[54]

Kuwait[edit]

Sexual activity outside marriage is illegal in Kuwait.[55][56] The marriageable age is 15 for girls and 17 for boys.[56]

Kyrgyzstan[edit]

The age of consent in Kyrgyzstan is 16.[57]

Laos[edit]

The age of consent in Laos is 15 regardless of gender or sexual orientation.[58] Article 129 of the Laos Penal Code provides for a penalty of 1–5 years' imprisonment and a fine of 2–5 million kip.[59]

Lebanon[edit]

The age of consent for sex in Lebanon is 18 for both males and females in regardless of gender or sexual orientation.[60]

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) years but less than eighteen (18) years, shall be punished by imprisonment for a period varying between 2 months and 2 years.", March 2017 Missing or empty |title= (help)

Macau[edit]

The general age of consent in Macau is 14, regardless of gender or sexual orientation. Although people under the age of 18 years 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)).

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 the gender or orientation of the participants (male-male, female-female, male-female), 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).[61]

Malaysia[edit]

The age of consent for heterosexual sex in Malaysia is 16 for both sexes[62] as homosexual activity in Malaysia is illegal.

Malaysian Penal Code (Act 574), 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.[63]

Maldives[edit]

Sexual activity outside marriage is illegal in Maldives. The legal age of marriage is 18 for both males and females. As Maldivians follow the Islamic Shariah, girls below the age of 18 can get married with parental consent. Done otherwise, it would be a crime. Engaging in any type of sexual interaction is illegal before marriage., October 2019 Missing or empty |title= (help)

Mongolia[edit]

The age of consent in Mongolia is 16, regardless of gender or sexual orientation.[64]

Myanmar[edit]

The age of consent in Myanmar is 16. It was raised from 14 with the amendment of penal code section 375, paragraph 5 in 2016.

If married, the legal age is now 15.[65]

Nepal[edit]

The age of consent in Nepal is 16 regardless of gender or sexual orientation.[66]

North Korea[edit]

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."[67]

Oman[edit]

Sexual activity outside marriage is illegal in Oman.[68]

Pakistan[edit]

Sexual activity outside marriage is illegal in Pakistan.[69] The normal minimum legal age for marriage is 18 for boys and 16 for girls.[70]

Palestinian Territories[edit]

Gaza Strip[edit]

In the Gaza Strip, any kind of sexual activity outside marriage is illegal.[71]

West Bank[edit]

The age of sexual consent is the same as in Jordanian Article 306 of the Penal Code. Consensual sex is legal at the age of 16 years.[72]

Philippines[edit]

The minimum age for consensual sex is 12 years. United States' Country Reports on Human Rights Practices lists the age of consent of Philippines as 12.[73] Sexual intercourse with a person under the age of 12 is defined as rape, under Chapter 3, Article 266 of the Anti-Rape Law of 1997.[73] The minimum age for consensual sex is 12 years. The statutory rape law criminalizes sex with minors under age 12 and sex with a child under age 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime bar from political office. As of August the PNP reported 2,750 cases of child rape. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison plus fines from 50,000 to five million pesos ($1,000 to $100,000), depending on the gravity of the offense.[74]

Article 338 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).[75]

In regard to children under the age of 18, as described earlier in the act as an individual under the age of 18, 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.[76]

“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 substitute’s another’s objective”.[77]

Qatar[edit]

Any kind of sexual activity outside marriage is illegal.[78] According to the Family Act, the minimum age of marriage is 18 for boys and 16 for girls. The court may allow a marriage below the minimum age, but it requires the consent of the legal guardian as well as the consent of the two persons to be married.

Saudi Arabia[edit]

Any kind of sexual activity outside marriage is illegal with penetration, in Saudi Arabia. As of 2019, the age of consent for marriage was expected to be set to 18.[79] but this was opposed by the grand mufti (His word has no meaning regardless).[80] In 2013, no restrictions regarding age existed.[81]

Singapore[edit]

The age of consent in Singapore is 16 for all male and female 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."[82]

Under section 377A (outrages on decency) in the Penal Code states: "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 or anal sex) is still illegal and the punishment is up to two (2) years jail, based on the Offences Against The Person Act 1861.

South Korea[edit]

In South Korea, sexual activity with a person under the age of 13 (in international age, not "Korean age") is considered rape.[83] However, Article 17 of the Child Welfare Act prohibits having individuals under 18 "engage in lewd acts or arranging such acts, or committing sexual harassment or sexual abuse against a child that may make him/her feel sexually ashamed".[84][85] The term "child" means a person who is under 18 years of age.

Sri Lanka[edit]

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.[86]

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;

(...)[87]

Syria[edit]

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.[88]

Taiwan[edit]

The age of consent in Taiwan 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 a complaint.[89]

Tajikistan[edit]

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.[90]

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."

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[edit]

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.

However, parts of the Code of Thailand.pdfPrevention 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 Code of Thailand.pdfPenal Code Amendment Act of 1997 Section 283bis, having sex with an adolescent under 18 is a compoundable offense even with the consent of that person. The parent or the adolescent may file charges against the other side if they later regret their 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.[91][92]

Turkey[edit]

The age of consent in Turkey is the age of majority (set at 18 as per Article 11 of the Turkish Civil Code).

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. 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.[93]

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.[93]

History[edit]

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[edit]

The age of consent in Turkmenistan is 16.[94]

United Arab Emirates[edit]

Sexual activity outside marriage is illegal in the UAE.[95][96]

Uzbekistan[edit]

The age of consent in Uzbekistan is 16 for heterosexual males (oral sex for homosexual males) and both lesbian and heterosexual females.[97] Only male homosexual anal intercourse is punishable with imprisonment for up to three years (called Besoqolbozlik).[98]

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.[99]

Vietnam[edit]

The 2015 Penal Code indicates that the age of consent in Vietnam is 16 regardless of gender or sexual orientation.[100][101]

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.[102]

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.[102]

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.[102]

Yemen[edit]

Any kind of sexual activity outside marriage is illegal in Yemen. Until recently, Yemeni law set the age of consent at 15. However, that law has been eradicated. Now, "Yemeni law allows girl of any age to wed, but it forbids sex with them until the indefinite time they’re 'suitable for sexual intercourse.'"[103] 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.[104]

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.[105] 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.[106] In September 2013, an 8-year-old girl died due to internal injuries caused by sexual intercourse with a 40-year-old man, after their arranged wedding.[107][108]

See also[edit]

Notes[edit]

  1. ^ Rōmaji: toukyouto seishounenno kenzen na ikusei nikansuru jourei

References[edit]

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