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Effectively this means the age of consent is lower than 18, especially in rural areas; in 2007, 13.6% of married women under the age of 50 married before the age of 18.
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.This act was replaced by a similar prohibition in section 14 of the Immorality Act, 1957.Although sex between men was already illegal, prohibited by the common law as "sodomy" or "unnatural sexual acts", the Immorality Act also criminalised sexual intercourse between a man and a boy under sixteen.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.Below is a discussion of the various laws dealing with this subject.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.
The Girls' and Mentally Defective Women's Protection Act, 1916, which replaced the differing age of consent laws of the four colonies that formed the Union of South Africa, criminalised sexual intercourse between a man and a girl under the age of sixteen unless they were married.Droit francophone: Code Pénal du 17 juin 1972 mis à jour au 30 juin 1998 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.Thus, many acts surrounding the age of consent could be considered illegal. ‘Sexual offences with girls under sixteen (16) years’, Section 14 of the 'Combating of Immoral Practices Act 1980' '(1) Any male who a) has or attempts to have unlawful carnal intercourse with a girl under the age of sixteen (16) years; or b) commits or attempts to commit with such a girl an immoral or indecent act; c) solicits or entices such a girl to the commission of an immoral or indecent act, -shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six years with or without a fine not exceeding three thousand rand in addition to such imprisonment.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.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.