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The age of consent in Africa for sexual activity varies by jurisdiction across the continent. The specific activity engaged in or the gender of its participants can also be affected by the law.
Section 15 ("statutory rape") prohibits the commission of "an act of sexual penetration with a child who is 12 years of age or older but under the age of 16 years", while section 16 ("statutory sexual assault") prohibits the commission of "an act of sexual violation with a child who is 12 years of age or older but under the age of 16 years".
The law includes a close-in-age exception, so that sexual acts between two children where both are between 12 and 16, or where one is under 16 and the other is less than two years older, are not criminal.
Article 29 of the national constitution of Somalia defines a child as any individual under the age of 18, and stipulates that "every child has the right to be protected from mistreatment, neglect, abuse, or degradation." This information, however, does not prove that there is an actual age of consent, thus making it difficult to draw a line.
The age of consent in South Africa is 16, as specified by sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Droit francophone: Code Pénal du 17 juin 1972 mis à jour au 30 juin 1998 The age of consent is 16 regardless of sexual orientation and/or gender.
However, under section 306 of the Legal Code, any act that violates Islamic Morality is illegal, but a clear definition of morality does not exist in the country's laws, so it is very open to interpretation by local officials as to what is moral and what is not.The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another person who is also at or above that age.Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are stated when relevant.Age of consent is 14 years, according to article 331 in the Criminal Law.In certain cases, including relatives and homosexuals, it is 21 years.In the 2008 case of Geldenhuys v National Director of Public Prosecutions, the Constitutional Court held that the former difference in the ages of consent had been unconstitutional. A girl under the age of fourteen (14) cannot consent to sexual intercourse under criminal law.