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The legal age of consent for sexual activity varies by jurisdiction across Asia, ranging from age 9 (Yemen) to age 21 (Hong Kong). 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.
Different jurisdictions express these definitions differently, 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.
Sexual activity outside marriage is illegal in Afghanistan. The minimum age of marriage 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.
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]
Consensual sex outside of marriage is legally permissible for those 21 and above.[26] 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. Before this age, marriage requires authorization from the Shariah Court of the State of Bahrein. https://www.icmec.org/wp-content/uploads/2019/04/ICMEC-Bahrain-National-Legislation.pdf . The minimum age to marry without permission from the girl's father or legal guardian is 21 years.[27]
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.[28] 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.[29]
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.
According to the section 9 (1) of the Women and Child Abuse Prevention Act, 2000, 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.[30]
The Penal Code of Bangladesh considers 14 years as the age of consent, but this is superseded by the act referenced above. [31]
Article 375 specifies that “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... Fifthly. With or without her consent, when she is under 14 years of age”[32]
Under articles 372 and 373, it is illegal to buy or sell a minor for the purposes of prostitution. Additionally, Article 78 of the Children Act of 2013 makes it illegal for any person having the actual charge or supervision of a child (redefined by the act to mean a person under 18) to lead the child to seduction or induce them to prostitution.[33]
Regardless of age, whoever has sexual intercourse with a person whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, not amounting to the offence of rape, is guilty of the offence of adultery.[34]
The age of consent in Bhutan is 18 regardless of gender or sexual orientation, according to Article 183 of the Penal Code of Bhutan.[5]
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.[6]
The age of consent in Cambodia is 15 regardless of gender or sexual orientation.[35] 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.[36][37][38][39]
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."[40]
In Mainland China, the age of consent for sexual activity is 14 years, regardless of gender or sexual orientation.[41] 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.[42] In August 2015, the law concerning underage prostitutes was repealed. The Statutory rape law now applies to underage prostitution as well.[43] 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.[44]
In 2020 there was a proposal to raise the age of consent in the wake of a scandal in the city of Yantai.[45][46]
In 2021 there was a proposal to criminalize teachers having intercourse with students in primary and junior high levels.[47]
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).[22]
Article 177. Sexual abuse of a minor:
Article 178. Sexual acts with an adolescent:
The age of consent in Georgia is 16 as per the Georgian Penal Code Art. 140, and Art. 141.[7]
In Hong Kong the age of consent for sexual activity is 16 regardless of gender or sexual orientation.[48] However, the age of consent for a female receiving anal sex is 21.[49]
Under s.124 of the Crimes Ordinance (Cap.200),[48] 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,[50] 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,[51] 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."[52]
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.[53] However, this section was struck down as unconstitutional in Leung TC William Roy v Secretary for Justice.[54] 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.[55]
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. In 1982, it was again raised to 16.[57] 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.[58] 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.[59]
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 [W.P(civil) 382 of 2013]. 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.[60] 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.
According to the Indonesian Penal Code article 287, the age of consent in Indonesia is 15 years old.[61] 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.[62] 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.[63]
Sex outside of marriage is illegal in Iran.[64] The minimum age of marriage in Iran is 15 for men and 13 for women.[65][66] Ways around these regulations include temporary marriages (Nikah mut‘ah).[67] 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,[68] and 716 girls younger than 10 had wed.[69]
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 jail]."[70]
However, the age of consent might change in the future to age nine for females and 15 for males.[71][72] However, some reporters believe that the draft suggests that there will not be an age of consent.[73][74][75]
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.[citation needed]
The Penal Code of Japan (1907) sets a national age of consent of 13.[76] Article 176 ('Forcible Indecency') stipulates a penalty of 6 months to 10 years of imprisonment for "indecent acts" committed upon males and females under the age of 13, and Article 177 ('Rape') stipulates a minimum sentence of 3 years for sexual intercourse with females under the age of 13.[77] In 2017, Article 177 was amended[78] to specify vaginal, anal, and oral intercourse and expanded to include all persons (male and female) under 13. The amendment also increased the minimum prison sentence from 3 years to 5 years.[79]
Several national and local laws further regulate adolescent sexual acts.[80] The anti-prostitution clause of the national Child Welfare Act (1947)[a] forbids "causing" individuals under 18 to perform sexual acts[81] through direct or indirect physical or psychological pressuring, but does not prohibit otherwise-consensual acts.[76] An array of local ordinances adopted in all 47 prefectures[b] 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 (persons under 18) and adults;[82] the laws do not punish sexual acts solely between adolescents.[80] A 1985 decision of the Supreme Court of Japan on Fukuoka Prefecture's bylaw held that the ordinances were not to be broadly interpreted as forbidding all adult–adolescent sexual acts, but rather narrowly interpreted as forbidding those acts "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 [acts] where the juvenile is treated merely as an object to satisfy one's own sexual desires."[83][80] The court also ruled that adult–adolescent sexual acts within "socially accepted norms", such as those within marriage, engagement, or a "similar sincere relationship", were not "indecent".[83][82] As of 2004, about 1,000 offenses by adults are punished annually under the bylaws; a typical penalty is a ¥300,000 fine and a suspended sentence.[76]
In 2020, a group of university students submitted a petition to the government to raise the national age of consent under the Penal Code to 16.[84]
The age of consent in Jordan is 16 regardless of gender or sexual orientation.[8]
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.[9]
Sexual activity outside marriage is illegal in Kuwait.[10][11] The marriageable age is 15 for girls and 17 for boys.[11]
The age of consent in Kyrgyzstan is 16. 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.[12]
The age of consent in Laos is 15 regardless of gender or sexual orientation.[85] Article 129 of the Laos Penal Code provides for a penalty of 1–5 years' imprisonment and a fine of 2–5 million ki
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