Ages of consent in Asia


Ages of consent in Asia

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 (e.g. Indonesia and some places in Japan).

China (PRC)

In China (PRC) the national legal age of consent for sexual activity is 14 years, regardless of gender and/or sexual orientation.Fact|date=June 2007. However, most provinces have ordinances that prohibit "immoral sexual acts" or "Promiscuity" with female minors. The phrases "Immoral sexual acts" and "Promiscuity" are not strictly defined. It is mainly used to prevent female minors from engaging in prostitution, with a special clause provisioning for "Whoring girls aged under 24." Fact|date=March 2007

Hong Kong (SAR, China)

In Hong Kong (China) the legal age of consent for sexual activity is 16 years, regardless of gender and/or sexual orientation (Crimes Ord., Cap 200 and a Court Order in 2005).Fact|date=December 2007
* [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaHongKongChina.pdf Sexual Offences Laws of Hong Kong (SAR, China)] - Interpol

India

India's age of consent for heterosexual sex is 16 except in the state of Manipur, where it is 14. If the partners are married then a lower age of consent applies (13 in Manipur and 15 elsewhere). [http://www.vakilno1.com/bareacts/IndianPenalCode/S375.htm]

The Kerala High Court, in 2004, had recommended the state government to increase the age of consent to 18. The Law Commission of India, has recommended the federal government to raise the age of consent of married person to 16 from 15. [ [http://timesofindia.indiatimes.com/articleshow/2762297.cms Love-making with girl or wife below 16 years a crime: Panel-India-The Times of India ] ] However, none of those proposals have been considered by any of the (federal / state) legislatures till date. [http://www.asiansexgazette.com/asg/south_asia/southasia03news67.htm]

Age of consent for engaging in sex work is 18, under Immoral Trafficking Prevention Act. [http://socialwelfare.delhigovt.nic.in/immoraltraffact.htm] Soliciting for clients is illegal. The federal government is currently debating an amendment which proposes to legalize soliciting, but aims to expand the definition of "sexual exploitation", which will render clients of most sex workers prosecutable. The sex workers, HIV/AIDS activists, as well as some members of the government are reportedly against this amendment. However, some anti-trafficking activists have welcomed the proposed amendment. [http://www.hindustantimes.com/Redir.aspx?ID=96b1e7b5-f8e2-44d2-b5d6-7f66793065ac]

An old British-era law banning "carnal intercourse against the order of nature" may be used to prosecute people for having anal or oral sex, though prosecutions are rare. That law (Section 377, Indian Penal Code Act 1860) is currently under constitutional challenge at the Delhi High Court for violating the human rights of sexual minorities. See LGBT rights in India [ . [ [http://www.vakilno1.com/bareacts/IndianPenalCode/S375.htm Laws - IPC - Section 375 ] ] [ [http://infochangeindia.org/agenda8_03.jsp Infochange India News Features Agenda Who is a child? ] ]

Indonesia

In Indonesia the age of consent for heterosexual sexual activity is 19 years for males and 16 years for females. [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaIndonesia.asp Sexual Offences Laws - Indonesia - Interpol]

Israel

According to Israeli's law list (1977), the age of consent in Israel is 16 for any form of sex. Sexual Relationships are allowed from ages 14-16, as long as the male is not older than the female by 3 years, and both sides agree and do it willingly (example: a 17 year old male may have sex with a 14 year old female, and an 18 year old male may have sex with 15 year old female). [http://he.wikisource.org/wiki/%D7%97%D7%95%D7%A7_%D7%94%D7%A2%D7%95%D7%A0%D7%A9%D7%99%D7%9F]

Japan

The National age of consent in Japan is 13, regardless of sexual orientation and/or gender, as specified by the Japanese Penal Code Articles 176 and 177. However, most prefectures have ordinances that prohibit "immoral sexual acts" with minors. The phrase "Immoral sexual acts" is not strictly defined. It is mainly used to prevent minors from engaging in quasi prostitution (e.g. Enjo kōsai). It is unclear if the translated term "minors" refers to children (defined as those aged under 18) or to those who have not reached maturity (defined as those under 20). Also, some prefectures have a higher age of consent for same-gender sexual conduct, which is not consistent with the National legislation. Fact|date=April 2007
* [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaJapan.asp Sexual Offenses Laws of Japan (the website of Interpol)]
* [http://law.e-gov.go.jp/cgi-bin/idxsearch.cgi The database of Laws and Ordinances by the Ministry of Internal Affairs and Communications of Japan (in Japanese)]
* LGBT rights in Japan

Kazakhstan

The age of consent is 18 years, regardless of gender and/or sexual orientation. [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaKazakhstan.pdf]

Malaysia

The age of consent for sex in Malaysia is 16 for both males and females. [http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.interpol.int%2FPublic%2FChildren%2FSexualAbuse%2FNationalLaws%2FcsaMalaysia.pdf&
]

Mongolia

The age of consent is 16, regardless of gender and/or sexual orientation. [ [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaMongolia.pdf Microsoft Word - MONGOLIA TEMPLATE START.doc ] ]

Philippines

The age of consent in The Philippines is 12 Fact|date=October 2008 but contract minors under 18. Republic law as follows: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaPhilippines.pdf

Russia

See Russia's entry at Ages of consent in Europe

ingapore

The age of consent in Singapore is 16 for all opposite-sex activity and only female same-sex sexual activity. 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". Which means 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, hardly ever enforced upon.Fact|date=March 2008

outh Korea

The age of consent in South Korea is 19 regardless of gender and/or sexual orientation. [ [http://ksea.paran.com/sknow/queview.php?dir=866&que=3011556&type=32&pg=11] ] . The age of marriage without parental consent is 20.

Taiwan

The age of consent in Taiwan is 16, regardless of gender and/or sexual orientation.

Tajikistan

The age of consent is 17 regardless of gender and/or sexual orientation. [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaTajikistan.pdf]

Thailand

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, although it is a common misconception that it applies only to women.Fact|date=February 2007

However parts of the [http://www.krisdika.go.th/lawHtmStaticContent01.jsp?frm=tmp&page=eng&lawType=law2&lawCode=%bb13&lawID=%bb13-20-2539-001 "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 [http://www.arcppt.org/docs/ThaiPenalCodeAmend1997.pdf "Penal Code Amendment Act" of 1997 Section 283bis] , having sex with child under 18 is a compoundable offense even with the consent of that person. The parent or the child may file charge 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. [citeweb |url=http://www.nationmultimedia.com/2006/05/20/national/national_30004480.php |title=DNA test clears 'Dag' |date=2006-05-20] [citeweb |url=http://www.nationmultimedia.com/breakingnews/read.php?newsid=30029866 |title=Popular rocker given suspended jail term for having sex with underage girl |date=2007-03-30]

Turkey

See Turkey's entry at Ages of consent in Europe

Uzbekistan

The age of consent in Uzbekistan is 16 for heterosexual males (oral sex for homosexual males) and both lesbian and heterosexual females. [http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaUzbekistan.pdf] Only male homosexual anal intercourse is punishable with imprisonment for up to 3 years (called Besoqolbozlik).Fact|date=October 2007

Yemen

Item number 15 in Yemeni civil law reads that “no girl or boy can get married before the age of 15." However, this item was amended in 1998 so parents could make a contract of marriage between their children even if they are under the age of 15. But the husband cannot be intimate with her until she is ready or mature. [8-year-old girl asks for divorce in court - law in Yemen http://yementimes.com/article.shtml?i=1145&p=front&a=2]

ee also

*Age of consent
*Ages of consent in Africa
*Ages of consent in Australia and Oceania
*Ages of consent in Europe
*Ages of consent in North America
*Ages of consent in Central America
*Ages of consent in South America

References


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