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.
The below is a list of all jurisdictions in Asia as listed in List of sovereign states and dependent territories in Asia.
Sexual activity outside marriage is illegal in Afghanistan. The minimum age of marriage in Afghanistan is 18 for men and 16 for women.[1][2]
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]
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.[4]
The age of consent in Bahrain is 16.[5]
The 1860 Indian Penal Code was inherited by Bangladesh and makes the age of consent 14.
The age of consent in Bhutan is 18.[6]
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.[7]
The 1860 Indian Penal Code was also inherited in Myanmar, making the age of consent 14 there as well.[8]
Section 375. [9]
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.
The age of consent in Cambodia is 15.[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 “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 child sex tourism in Cambodia.[11][12][13][14]
Article 8:
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]
In the People's Republic of China the age of consent for sexual activity is 14 years, regardless of gender and/or sexual orientation.[16]
In Hong Kong the age of consent for sexual activity is 16 for heterosexual couples.[17]
Under s.124 of the Crimes Ordinance (Cap.200),[17] 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,[18] 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,[18] 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.[19] However, this section was struck down as unconstitutional in Leung TC William Roy v Secretary for Justice.[20]
The age of consent in Macau is 18. Article 111, 112 e 118 of Macau Civil Code. Under this age, is minor, can not exercise its rights including his rights of sexual consent Adult people using them in sex or giving or facilitating it with other incur in 1 until 5 years jaill.And under 16 until 14 years old are also minors, but not children, sex with them is punished with until 3 years jail and until 4 years jail if inexperienced, like virgin even not physically virgin (art. 169º and 168 Macau Penal Code). And under 14 until birth moment are childrem, with sexual acts, even only obscens talks, too much more punished under art. 166 Macau Penal Code (1-8 years jail, until 3 years jail, until 5 years jail and 3 to 10 years jail). Many legal clauses prohibit sexual acts with minors, and also, of course, with children under 14. Obtaining it by "taking advantage of the minor’s inexperience" is also harder punishment(Article 168, Article 169 and others).[21]
India's age of consent for 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). [22]
The Kerala High Court, in 2004, succeeded in recommending the state government increase the age of consent to 18.[23] The Law Commission of India, has recommended the federal government raise the age of consent for marriage to 16 from 15.[24] However, none of those proposals have been considered by any of the (federal / state) legislatures till date.
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) was constitutionally challenged at the Delhi High Court for violating the human rights of sexual minorities. But after the Delhi High Court declared some parts of the law unconstitutional on the issue, the age of consent for consensual homosexual sex is 18. [25] See LGBT rights in India.[26][27]
In Indonesia the national age of consent for heterosexual sexual activity is 19 years for males and 16 years for females.[28] 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. Sharia gives no restrictions on age at marriage, and defines 9 as the minimum age for consummation, in accordance with the Qur'an and the example set by Muhammad. Fifty two regions have since enacted sharia law from the Qur'an, which criminalizes homosexuality.
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. [29] Ways around these regulations include temporary marriages (Nikah mut‘ah).[30]
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]."
According to the Israeli Penal Code of 1977 the age of consent in Israel is 16 for any form of sexual relations. A special case arises when a person between ages 14–16 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 prtners 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.[32]
The national age of consent in Japan is 13 as specified by the Japanese Penal Code Articles 176 and 177.[33] However, prefectures can have ordinances that prohibit sexual activities with any minor under 18.[34]
‘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.'[35]
'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.'[35]
The age of consent in Jordan is 16
The age of consent in Kazakhstan is 16, according to article 122 of the 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.
Sexual activity outside marriage is illegal in Kuwait.[36] The marriageable age is 15 for girls and 17 for boys.[36]
The age of consent in Kyrgyzstan is 16.[37]
The age of consent in Laos is 15.[38]
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.[39]
The age of consent for sex in Lebanon is 18 for both males and females. If the partners are married to one another they can have sexual relations at 15.
Article 505 of the Penal Code [40]
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 ".
Sodomy is punishable with imprisonment not exceeding one year.
In Lebanon homosexuality is illegal.[41]
The age of consent for sex in Malaysia is 16 for both sexes.[42]
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.[43]
Sexual activity outside marriage is illegal in Maldives. The legal age of marriage is 18 for both males and females. [44]
The age of consent in Mongolia is 16, regardless of gender and/or sexual orientation.[45]
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.[46]
The age of consent in Nepal is 16.[47]
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." [48]
Sexual activity outside marriage is illegal in Oman.[49] The legal age for marriage is 18 for both boys and girls.[50]
Sexual activity outside marriage is illegal in Pakistan. The legal age of marriage is 18 for males and 16 for females.[51]
The age of consent in the Philippines is complex. Interpol lists the age of consent of Philippines as 18.[52] According to Article III, Section 5, consensual sex between an adult and a child 12-18 can be prosecuted if the child has sex "due to the coercion or influence" of that adult or if the child is paid (see below). Sex with a child under 12 is considered rape, under Article 266-A. Bill 583, which is currently in the House of Representatives aims to raise the age under which sex is to be considered rape to 16.[53]
Sexual intercourse with a person under the age of 12 is defined as rape:
"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.[54]
In regard to children aged 12–18, the law reads (any person under 18 is considered a child):
Any kind of sexual activity outside marriage is illegal. Like Saudi Arabia, Qatar has no age limit for marriage, but the consent of the parents must be given before marriage.[56]
The age of consent in Russia is 16. See Russian Federation's entry at Ages of consent in Europe
Any kind of sexual activity outside marriage is illegal in Saudi Arabia, but there is no restriction on the age of marriage.[57] For instance, in 2008 a Saudi court refused to annul a marriage between an 8 year old girl and a 58 year old man.[58] 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."[57]
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. [59]
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.
According to section 305 of the Criminal Law of South Korea [60] a person who engages in a sexual act with a minor who is under 13 years of age (14 to 15 in Korean age) is guilty, and shall be punished by imprisonment. "Korean age" is a social construct, not a legal construct. Laws with ages listed are written according to "international age" with the person being zero years zero months zero days as of midnight on the day of his or her birth.
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) 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.[61]
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;
(...) [62]
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.
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.[63]
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.[64]
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.
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.
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.[65][66]
The age of consent in Turkey is 18. According to article 104, if the child is 15, 16 or 17 and the age gap is less than 5 years, the acts may be prosecuted only upon a complaint.
ARTICLE 104 – (1) Any person who is in sexual intercourse with a child who completed the age of fifteen without using force, threat and fraud, is sentenced to imprisonment from six months to two years upon filing of a complaint.
(2) If the offender is older than the victim more than five years, the punishment to be imposed is doubled without seeking raise of a complaint.
Article 103 provides for a harsher penalty for sex with persons under 15, or over 15 but lack ability to understand the act.
Turkish Criminal Code (in English)
The former Turkish Penal Code of 1927 punished having sex with a minor as statutory rape.
The age of consent in Turkmenistan is 16.[67]
Sexual activity outside marriage is illegal in the UAE.[68][69]
The age of consent in Uzbekistan is 16 for heterosexual males (oral sex for homosexual males) and both lesbian and heterosexual females.[70] Only male homosexual anal intercourse is punishable with imprisonment for up to 3 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.[70]
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."[71] In 2009, this article was amended to remove capital punishment.[72] Article 115 further provides for imprisonment for 1 to 5 years for sexual intercourse with persons aged 13 to 16.[73]
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.[73]
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."[74]
The US Department of State Human Rights Report reports the age of consent for Vietnam as 18, citing Article 111 as justification.[75]
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 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.'" [76] 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.[77]
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.[78] 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.[79]
|
|||||||||||||||||