Jump to content

File:Consent-based and coercion-based sexual violence legislation world map.svg

Page contents not supported in other languages.
This is a file from the Wikimedia Commons
From Wikipedia, the free encyclopedia

Original file (SVG file, nominally 512 × 260 pixels, file size: 1.63 MB)

Summary

This file may be updated to reflect new information.
If you wish to use a specific version of the file without it being overwritten, please upload the required version as a separate file.
Description
English: World map of consent-based and coercion-based sexual violence legislation, and whether exemptions for marital rape (spousal rape) exist or not.
 
Consent-based sexual violence legislation; marital rape illegal
 
Coercion-based sexual violence legislation; marital rape illegal
 
Coercion-based on vaginal sex, consent-based on anal and oral sex; marital rape illegal
 
Mixed legislation; rape without coercion considered a lesser crime;[a] marital rape illegal
 
Consent-based sexual violence legislation, but marital rape legal
 
Coercion-based sexual violence legislation, and marital rape legal

For a detailed overview of Europe, see:

For a detailed overview of the United States, see:

For a detailed overview of Marital rape laws by country, see:

Other countries:

  • Afghanistan: The Afghan Penal Code was amended in 2017, containing Article 636 which states: 'A person who commits sexual intercourse or inserts body parts or other objects into the victim’s vagina or anus by using force, means of threat, or using a victim's physical or mental inability to express consent or lack of consent (Male or Female), or giving anesthetic substances or other mental affecting drugs, is considered as a perpetrator of rape.'[2] This appears to criminalise marital rape as well. However, the Shia Personal Status Law, applying to the Shia Muslim minority of approximately 6 million Afghans, exempts spousal rape in Article 132 (2): "It is the duty of the wife to defer to her husband's inclination for sexual enjoyment".[law 1]
  • Algeria: There is no clear definition of rape in Algerian law; Article 333 of its Penal Code only criminalises 'anyone who has committed a public outrage against decency', and in similar words 'public outrage against decency consisting of an unnatural act with an individual of the same sex'. This gives no indication or distinction whether the people involved in the acts are consenting to it or not, merely that the public is supposedly outraged by such acts. Article 334 prohibits '(attempted) assault against decency without violence against a person of either sex younger than 16' (the Algerian age of consent), but against adults only '(attempted) assault against decency with violence' (Article 335) is banned. The lack of unambiguous definitions and explicit criminalisation of marital rape in either the Penal Code or other laws such as Law no.15-19 against domestic violence (2015) has been criticised by the CEDAW Committee and human rights organisations, which urged Algeria to adopt clear, consent-based legislation.[3][4]
  • Argentina: Two laws criminalise rape, including spousal rape; both are coercion-based. Article 2 of Law 25.087 (1999) describes various 'crimes against sexual integrity' as 'Anyone who sexually abuses a person of either sex when the person is under the age of thirteen or when there is violence, threat, coercive or intimidating abuse of a dependency relationship'; this includes 'carnal access by any means'.[5] Article 5 of Law 26.485 (Law of Integral Protection of Women, 2009) defines sexual violence as 'Any action that implies the violation in all its forms, with or without genital access, of a woman's right to voluntarily decide about her sexual or reproductive life through threats, coercion, use of force or intimidation, including rape within marriage or other related or kinship relationships, whether or not there is coexistence, as well as forced prostitution, exploitation, slavery, harassment, sexual abuse and trafficking in women.'[6]
  • Australia: All six states, the Northern Territory and the Australian Capital Territory have consent-based laws against what they variously define as 'rape', 'sexual assault', or 'sexual intercourse/penetration without consent'.[7]
  • Bangladesh: Section 375 of the Bangladeshi Penal Code is almost identical to the Pakistan Penal Code, which in turn is derived from the same Section 375 in the Indian Penal Code. It states that 'a man is said to commit rape who has sexual intercourse with a woman (...) against her will' (1), 'without her consent' (2), when consent was obtained by coercion (3), when consent was obtained by identity deception (4), or when she was incapable of consenting due to her age being younger than 16 (5). However, unlike the Pakistan Penal Code, but just like Indian Penal Code, marital rape of wives from age 13 is not criminalised (since sex within marriage is considered consensual by definition).[law 2]
  • Bolivia: In 2013 the Bolivian government passed the Law Guaranteeing Women a Life Free from Violence (Ley Integral Para Garantizar A Las Mujeres Una Vida Libre De Violencia).[8] Its provisions included the repeal of the marital rape exemption in the Penal Code,[9] and making rape by a spouse an aggravating factor when sentencing, extending imprisonment by 5 years.[10] Despite the introduction of words such as 'consent' and 'non-consensual', Bolivian criminal law remained coercion-based. [10] "Rape" (violación) could, according to Article 308, be committed in two ways: 'by means of intimidation, physical or psychological violence, [performing] non-consensual sexual acts involving carnal access with a person of either sex, by means of penetration...' ('intimidation/violence' thus being a constituent element of 'non-consensual sexual acts'), or 'under the same circumstances, even if there is no physical violence or intimidation, taking advantage of the victim's serious mental illness or lack of intelligence, or who is otherwise incapable of resisting' (resistance or capacity to resist thus being required or expected in all other cases).[10] Article 312 bis "Abusive sexual acts" is a notable provision stating that 'the person who, during consensual sexual intercourse, forces his partner or spouse to endure acts of physical violence and humiliation', can be punished with imprisonment for 4 to 6 years.[10]
  • Botswana: Although marital rape is not criminalised, since sex within marriage is considered consensual by definition,[11][12]:157 non-marital rape is defined as sexual penetration 'without the consent of such other person, or with such person's consent if the consent is obtained by force or means of threats or intimidation of any kind'.[13]
  • Brazil: In the Penal Code of Brazil, Article 213 (2009 revision) defines "rape" (estrupo) as 'compelling someone, through violence or serious threat, to having carnal conjunction or to practicing or allowing another libidinous act'.[14] In the 2001 case Prosecutor v. Kunarac, the International Criminal Tribunal for the former Yugoslavia (ICTY) cited Article 213 as an example of a law 'requiring violence, force or a threat of force' to meet the definition of 'rape'.[15] In the context of domestic and family violence against women, Article 7(III) of the Lei Maria da Penha (Law 11.340 of 2006) defines "sexual violence" (violência sexual) as "any conduct that forces her to witness, maintain or participate in unwanted sexual intercourse, through intimidation, threat, coercion or force (...)."[16] Article 215 (2009 revision) of the Code criminalises 'carnal conjunction' (conjunção carnal) by 'fraud or other means that prevent or hinder the victim's free expression of will', and thus defines scenarios in which the law deems people incapable of consenting.[14] However, there is no stipulation that a lack of freely given consent during 'carnal conjunction' constitutes rape.[14]
  • Canada: 'Assault' is defined in Section 265(1)(a): 'A person commits an assault when, without the consent of another person, he applies force intentionally to that other person, directly or indirectly'; Section 265(2) stipulates that this also applies to sexual assaults.[17] Consent is defined in Section 273.1(1) – as well as Section 153.1(2) – as 'the voluntary agreement of the complainant to engage in the sexual activity in question. Consent must be present at the time the sexual activity in question takes place.'[17] Sections 271, 272 and 273 criminalise 'Sexual assault', 'Sexual assault with a weapon' and 'Aggravated sexual assault', all three of which spouses may be charged with according to Section 278, thus explicitly criminalising spousal rape.[17]
  • Chile: In the Chilean Penal Code (24 August 2022 revision), Articles 361–372 address sexual violence from a coercion perspective. "Rape" (violación) is defined as "A person [having] carnal access, vaginally, anally or buccally, to a person over fourteen years of age, in any of the following cases: (1) When force or intimidation is used, (2) When the victim is deprived of consciousness, or when their incapacity to oppose is taken advantage of, or (3) When the alienation or mental disorder of the victim is abused." The only mention of 'consent' (consentimiento) is in Article 366, which mentions 'the use of surprise' as an example of an '[abusive] manoeuvre that does not imply the consent of the victim', and by which the perpetrator can 'abusively [perform] a sexual action other than carnal access with a person over fourteen years of age'. In short, unless the perpetrator uses force or intimidation, or an abusive manoeuvre to undermine the other person's opposition, or takes advantage of the other person's pre-existing incapacity to oppose the sexual violence, the consent of every person aged at least 14 is presumed. Marital rape is criminalised in Article 369.[18]
  • China (PRC): Chinese rape law is coercion-based: "Article 236. Whoever, by violence, coercion or other means, rapes a woman is to be sentenced to not less than three years and not more than 10 years of fixed-term imprisonment."[19] Chinese law also does not safeguard same-sex couples or victims of marital rape.[20]
    • Hong Kong: Section 118 of the Hong Kong Crimes Ordinance is consent-based, stipulating in subsection 3: 'A man commits rape if— (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and (b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it. (Added 25 of 1978 s. 3)'.[21] Subsection 4 adds that the jury has to take into account a man's expressed belief 'that a woman was consenting to sexual intercourse', depending on 'the presence or absence of reasonable grounds for such a belief', and 'in conjunction with any other relevant matters'.[21]
    • Macau: In the Penal Code of Macau, the entire "Chapter V: Crimes against sexual freedom and self-determination" (Articles 157 to 173) is based on the presumption that all victims will resist sexual assault: crimes against sexual freedom can thus only be committed or attempted when a suspect uses violence or coercion in order render the victim incapable of resisting, or when the victim is for some reason already incapable of resisting.[22]
  • Colombia: Articles 205 to 212A criminalise various sexual acts (including spousal rape, 211(5)) on the basis of violence. 210A and 212A do mention consent, but only in the context of the incapacity to consent to sexual acts due to being overpowered by 'superiority or authority' (210A) or 'fear of violence, intimidation; illegal detention; psychological oppression; the abuse of power; the use of environments of coercion and similar circumstances that prevent the victim from giving their free consent' (212A).[23]
  • Democratic Republic of the Congo: Although the Law Amending the Penal Code (2006) criminalised 'any act contrary to morals intentionally and directly carried out on a person without the valid consent of that person' as 'indecent assault' (Article 167), Article 170 states: 'Rape is committed by the use or threat of violence or serious harm or force against a person, directly or through an intermediary or through a third party, either by surprise, by psychological pressure or in the context of a coercive environment or by abusing a person who, because of an illness, the impairment of his or her faculties or any other accidental reason has lost the use of his or her faculties or has been deprived of them by tricks'.[24][25] Moreover, the legal definition of rape does not include spousal rape;[26] customary law holds that sex within marriage is consensual by definition.[27]
  • Ecuador: The 2014 Penal Code states in Article 175(5): 'In sexual crimes, the consent given by the victim under eighteen years of age is irrelevant.' However, 'consent' is not mentioned in any of the provisions in Articles 166–175 related to sexual crimes against victims aged 18 and older either. Only Article 170 "Sexual abuse" (which is done 'against the will of another') and Article 171 "Rape" (Violación) can be committed against people aged 18 or older. Rape is committed in three scenarios: (1) 'When the victim is deprived of reason or sense, or [unable to] resist', (2) 'When violence, threat or intimidation is used.', (3) 'When the victim is under fourteen years of age.'[28]
  • Egypt: Although a court ruled in 1928 that marital rape is legal,[29] Article 267 of the Egyptian Penal Code (last amended by Law No. 11 of 2011) states that 'whoever has sex with a female without her consent' (بغير رضاها يعا bighayr raddaha yaea) has committed rape.[30][31]
  • Ethiopia: Criminal Code Article 620 states that rape is committed by 'whoever compels a woman to submit to sexual intercourse outside wedlock, whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance', thus placing responsibility on the victim to resist her attacker until she is overcome by coercion, and exempting marital rape from prosecution.[32]
  • Greenland and Faroe Islands: As an autonomous country within the Kingdom of Denmark, Greenland originally had the same Criminal Code as Denmark itself, but since 1954, Greenlandic legislation and jurisprudence have developed autonomously from Denmark. The two most important provisions on rape in Greenland's Criminal Code are Article 77 and Article 216, both of which establish coercion (either by "violence or threat of violence", "unlawful coercion", or inability to resist) as a constituent element of "rape".[33] On 1 January 2021, paragraphs 216 and 228 of the Danish Penal Code were amended with a consent-based rape provision, but these amendments did not apply to Greenland and the Faroe Islands.[34]
  • India: Although marital rape of wives above age 14 is not criminalised (since sex within marriage is considered consensual by definition), Section 375 of the Indian Penal Code stipulates that any man who has sexual intercourse with any woman he is not married to 'against her will' (1), 'without her consent' (2), when consent was obtained by coercion (3), when consent was obtained by identity deception (4), when she was incapable of consenting due to intoxication with a substance (5), when she was incapable of consenting due to her age being younger than 16 (6), has committed rape.[35] Furthermore, Section 377 of the Indian Penal Code provides that any other form of penetrative carnal intercourse with a man, woman or animal is also a crime, although on 6 September 2018, the Supreme Court of India ruled unanimously in Navtej Singh Johar v. Union of India that Section 377 was unconstitutional "in so far as it criminalises consensual sexual conduct between adults".[36][37]
  • Indonesia: Article 285 of the Indonesian Criminal Code requires 'force or threat of force' for sexual intercourse with a woman out of marriage to constitute rape. Similarly, Article 289 criminalises 'obscene acts' forced upon any person by any person 'using force or threat of force'.[38] Although Article 285 includes "out of marriage" in the definition of rape,[39] marital rape is considered a form of domestic violence under Articles 5, 8, 46, 47 and 53 of the Law Regarding the Elimination of Violence in the Household, 2004.[40]
  • Iran: Penal Code Article 221 considers sex within marriage consensual by definition, and all sex outside marriage to be zina (a type of crime) by definition. Article 224 (d) is understood to refer to rape outside marriage, which is defined as "zina committed by coercion or force".[law 3]
  • Iraq: Article 393 of the Penal Code (as amended in 2010) states: 'Any person who has sexual intercourse with a female without her consent or commits buggery with any person without their consent is punishable by a term of imprisonment not exceeding 15 years'. However, other forms of sexual assault are only criminalised in Article 396 if they are committed 'without his or her consent and with the use of force, menaces, deception or other means', implying that some kind of coercion needs to be demonstrated in order to be considered a crime, and that lack of consent alone is not sufficient. It is not clear whether marital rape is criminalised by Article 393, although the next Article 394 goes on to criminalise sexual intercourse with underage women and buggery of any person 'outside of marriage' without their consent if they are below 18 (age of consent) or 15 years of age, implying that Article 393 either concerned people within marriage, aged 18+ years, or both. Article 398 (previously Article 427) is a marry-your-rapist law.[41]
  • Israel:In 1980 Israel's Supreme Court ruled that spousal rape was a crime as heinous as any other kind of rape[42]
  • Japan: Penal Code of Japan Article 177 describes forcible sexual intercourse as 'A person who, through assault or intimidation forcibly engages in vaginal intercourse, anal intercourse or oral intercourse (hereinafter referred to as "sexual intercourse") with another person'. Article 178 further implies that victims of sexual assault are required to resist their attackers.[43]
  • Kenya: The Sexual Offences Act, 2006 (effective 21 July 2006) states that 'a person consents if he or she agrees by choice, and has the freedom and capacity to make that choice.' Section 3 stipulates that sexual penetration without consent, or with consent 'obtained by force or by means of threats or intimidation of any kind', constitutes rape.[44]
  • Morocco: Article 485 of Moroccan's Penal Code (15 September 2011 revision) describes 'assault on decency' as a crime that is 'committed or attempted with violence against persons of either sex.' According to Article 486, 'Rape is the act by which a man has sexual relations with a woman against her will.'[45] The current status of marital rape in Morocco is unclear, but most sources say it's legal.[46][47][48][49] A Rabat Family Court decision in May 2022 may have set a precedent that will ultimately criminalise marital rape, however.[50]
  • Myanmar: Section 375 of the Myanmar Penal Code is derived from the same in the Indian Penal Code and states that 'a man is said to commit rape who (...) has sexual intercourse with a woman against her will' (1), 'without her consent' (2), when consent was obtained by coercion (3), when consent was obtained by identity deception (4), or when she was incapable of consenting due to her age being younger than 14 (5). Just like in the Indian Penal Code, marital rape is not criminalised.[law 4]
  • New Zealand: The Crimes Act 1961 was amended on 20 May 2005, with section 128 defining 'rape' as penetration by penis of someone's genitalia without their consent, and 'unlawful sexual connection' as any other sexual act without consent. Section 128A further stipulates in which scenarios a person is not capable of giving (genuine) consent.[51][52]
  • Nigeria: Although marital rape is explicitly excluded from the definition of rape in the Northern Nigeria Penal Code provided the spouse has reached puberty (Section 282(2)),[53] and likewise excluded from Section 357 of the Nigerian Criminal Code (applying to the southern states),[54] Section 357 of the Nigerian Criminal Code stipulates that any man who has sexual intercourse with any woman he is not married to 'without her consent' (1), when consent was obtained by coercion (2), when consent was obtained by 'false and fraudulent representation as to the nature of the act' (3), or when consent was obtained by identity deception (4), has committed rape.[55]
  • Pakistan: Section 375 of the Pakistan Penal Code is derived from the same in the Indian Penal Code and states that 'a man is said to commit rape who has sexual intercourse with a woman (...) against her will' (1), 'without her consent' (2), when consent was obtained by coercion (3), when consent was obtained by identity deception (4), or when she was incapable of consenting due to her age being younger than 16 (5). Unlike the Indian Penal Code, no reference is made to marriage, therefore marital rape is presumed to be criminalised as well.[law 5][56]
  • Palestine: Marital rape is not criminalized. Sexual harassment is not criminalized Muslim women require consent of a wali. (male guardian) to marry[57]Rape and Domestic Violence: Rape is illegal under PA law, but the legal definition does not address spousal rape. Punishment for conviction of rape is five to 15 years in prison. The PA repealed a law that relieved a rapist of criminal responsibility if he married his victim. Neither the PA nor Hamas effectively enforced laws pertaining to rape in the West Bank and Gaza.[58]
  • Peru: The Peruvian Penal Code (29 June 2022 revision) is mostly coercion-based, not recognising a lack of freely given consent as a constituent element its articles 170–175 on rape and sexual assault. In Article 176 and 176B on the lesser crimes of sexual fondling and harassment, a lack of freely given consent does play a central role.[59]
  • Philippines: Both the Anti-Rape Law of 1997 and the Anti-Violence Against Women and Their Children Act of 2004 criminalise rape, including marital rape, on the basis of coercion.[law 6][law 7]
  • Russia: Criminal Code of Russia Article 131 states: 'Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the helpless state of the victim.'[law 8]
  • South Africa: The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (effective 14 December 2007) repealed the common law offences of rape and indecent assault and replaced them with the new expanded statutory offences of rape and sexual assault, applicable to all forms of sexual penetration or violation without consent, irrespective of gender. "Consent" is defined as 'voluntary or uncoerced agreement'.[60]
  • South Korea: Article 297 (Rape) states: 'A person who, through violence or intimidation, has sexual intercourse with a female'. Article 298 (Indecent Act by Compulsion) states: 'A person who, through violence or intimidation, commits an indecent act on another'. Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) states: 'A person who has sexual intercourse with a female or commits an indecent act on another by taking advantage of the other's condition of unconsciousness or inability to resist', implying that in other circumstances a victim should resist a sexual assault until overcome by the perpetrator's superior force.[61] The Supreme Court of South Korea ruled that marital rape (described as 'forced sex with a spouse') was illegal in 2013.[62]
  • Sudan: Some attempts had been made under al-Bashir's rule (1989–2019) to reform legislation on issues such as extramarital rape victim blaming via 'adultery', and impunity for marital rape, by amending the definition of rape in Article 149.1 of the Criminal Code in February 2015. However, several commentators such as the African Centre for Justice and Peace Studies argued that this amendment had a number of flaws. Even though the amendment made it possible to prosecute marital rape by removing the reference to adultery, there is still no specific prohibition of marital rape, and oral rape is not criminalised. Moreover, Article 149.2 still defined adultery and sodomy as forms of 'rape', so complainants still risked being prosecuted for adultery or sodomy if they failed to prove they were subjected to sexual acts without their consent. Finally, the importance of consent was diminished in favour of coercion, going against the trend in international law to define sexual violence by lack of consent.[63] On 22 April 2020, during the Sudanese transition to democracy, the sodomy law was amended: male participants in anal sex (sodomy, whether between two men or between a man and a woman, with or without consent) were no longer punishable by death or flogging, but still punishable by imprisonment.[64]
  • Taiwan (Republic of China): Taiwanese law on sexual offences is generally coercion-based, with Article 221 of the Criminal Code stipulating: 'A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person (...).'[65]
  • Tanzania: Section 5 of the 1998 Sexual Offences (Special Provisions) Act criminalises a male person having sex with a woman or girl without her consent, unless she is his wife (but if he and his wife are separated, it is criminal again).[law 9]
  • Thailand: Penal Code Amendment Act (No. 19) 2007 criminalised spousal rape in Section 3 (276), which describes rape as 'Anyone who forcibly performs sexual intercourse with another by threatening the latter in whatever manner, by exercising forcible violence, by taking advantage of the latter being in a state of irresistibility, or by causing the latter to mistake him for a different person'.[law 10]
  • Turkey: Article 102 – (Amended on 18 June 2014 – By Article 58 of the Law no. 6545) defines sexual assault as 'Any person who violates the physical integrity of another person, by means of sexual conduct'.[law 11]:39 According to a 2018 GREVIO report on Turkey, this definition was consent-based, because paragraph 2 stipulates that 'the use of force might entail the additional liability for felonious injury. It is not, therefore, a constituent element of the offence of sexual violence.' Article 102 also recognises marital rape. GREVIO hailed this as a major improvement over the previous coercion-based law, but noted the need to reform ways to prosecute marital rape via means other than only the victim's complaint.[66]:77
  • Uganda: Section 123 of the Penal Code states: 'Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind or by fear of bodily harm, or by means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband, commits the felony termed rape.'[67] Although the Penal Code does not exempt marital rape, there is no clear criminalisation of it either. In customary law, there is a presupposition that a woman implicitly consents to sexual intercourse with her spouse during marriage.[68][69]
  • Uruguay: Consent plays no role in the Articles 272–277 about "carnal violence" (violencia carnal) in the Penal Code of Uruguay (2000 revision). Article 272 "Rape" (Violación) states: "A person commits rape who compels a person of the same or of the opposite sex, with violence or threats, to suffer carnal union, even if the act is not consummated." This wording implicitly criminalises marital rape. The article goes on to list four types of scenarios in which 'violence is presumed' to have taken place. Article 273 states that "Violent indecent assault is committed (...) through the means established in the previous article, or taking advantage of the circumstances set forth therein, [by performing] obscene acts (...) other than carnal union". Article 275 Estupro essentially describes rape by deception through a false promise of marriage to "a female maiden/virgin (mujer doncella) under the age of twenty years and over the age of fifteen years".[70]
  • Venezuela: The Penal Code of Venezuela (2005 revision) is almost entirely coercion-based. Article 374 sets out the conditions for rape: "Whoever by means of violence or threats has constrained any person, of one or the other sex, to a carnal act by vaginal, anal or oral route, or introduction of objects by any of the first two routes, or by oral an object that simulates sexual objects is introduced, the person responsible will be punished, as accused of rape, with a prison sentence of ten to fifteen years." It adds four types of scenarios in which 'violence or threats' are not necessary, but by definition constitute rape: (1) anyone with someone below the age of 13, (2) a relative abusing their familial ties with someone below the age of 16, (3) a prison guard with a detainee/prisoner, or (4) anyone with someone who is 'unable to resist due to physical or mental illness, or deception or narcotic/exciting substances' used by the perpetrator. 'Consent' only serves as lessening the perpetrator's punishment in very specific rape by deception cases under Article 378, and elopement cases under Article 384.[71]
  • Yemen: Condones bride kidnapping and forced conversion to island and marraige to rapist.[72]
  • Zimbabwe: Criminal Law (Codification and Reform) Act (2007) Section 65 states: 'If a male person knowingly has sexual intercourse or anal sexual intercourse with a female person and, at the time of the intercourse – the female person has not consented to it; and he knows that she has not consented to it or realises that there is a real risk or possibility that she may not have consented to it, he shall be guilty of rape.'[25]:24
Date
Source

Own work. Map derived from File:Fois gras legality and production by country.svg for practical purposes (United States states). Data and colouring scheme based on the earlier maps File:Consent-based and coercion-based sexual violence legislation in Europe.svg, File:Nonconsensual penetrative sex laws by U.S. state map.svg (and File:Nonconsensual non-penetrative sex laws by U.S. state map.svg), and File:Marital rape laws by country.svg.

Sources

Main sources for Europe (for all sources, click here):

Main source for the United States (for all sources, click here):

Additional sources used in creating this map:

  1. ↑ Right to be free from rape. Overview of legislation and state of play in Europe and international human rights standards. Amnesty International (24 November 2018). Retrieved on 30 April 2020.
  2. ↑ Combined second to fifth reports submitted by Afghanistan under article 44 of the Convention, due in 2016. Office of the United Nations High Commissioner for Human Rights. United Nations (20 July 2018). Retrieved on 4 February 2021.
  3. ↑ Code Pénal, 2009 (in fr). Government of Algeria. World Intellectual Property Organization (2009). Retrieved on 3 February 2021.
  4. ↑ Eric Goldstein & Rothna Begum (2017-04-23). “Your Destiny is to Stay with Him”. State Response to Domestic Violence in Algeria. Human Rights Watch. Retrieved on 3 February 2021.
  5. ↑ Ley 25.087. Delitos contra la integridad sexual. Modificación. (in es). InfoLEG. Ministry of Justice and Human Rights (7 May 1999). Retrieved on 2 February 2021.
  6. ↑ Ley de protección integral a las mujeres (in es). InfoLEG. Ministry of Justice and Human Rights (1 April 2009). Retrieved on 2 February 2021.
  7. ↑ Australian Institute of Family Studies. Legislation table: Elements of the laws surrounding sexual assault, by jurisdiction. aifs.gov.au. Australian Government. Retrieved on 31 January 2021.
  8. ↑ Country Reports on Human Rights Practices, 2017, Bolivia
  9. ↑ Bolivia: Home to Latin America's Highest Rates of Sexual Violence (in en). Women and Girls (26 June 2017). Retrieved on 17 October 2018.
  10. ↑ a b c d Ley Integral Para Garantizar A Las Mujeres Una Vida Libre De Violencia (2013) (in es). ilo.org (9 March 2013). Retrieved on 18 September 2022.
  11. ↑ Country Reports on Human Rights Practices, 2017, Botswana
  12. ↑ The State of African Women. State of African Women Project (August 2018). Archived from the original on 2021-02-04. Retrieved on 2021-01-31.
  13. ↑ Botswana Penal Code. International Labour Organization. Government of Botswana (2008). Retrieved on 31 January 2021.
  14. ↑ a b c Código Penal brasileiro (2022 revision) (in pt). planalto.gov.br. Government of Brazil (2022). Retrieved on 13 September 2022.
  15. ↑ Refugees, United Nations High Commissioner for. Refworld | Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic (Trial Judgment). Refworld. Retrieved on 13 September 2022.
  16. ↑ Lei Nº 11.340, de 7 de agosto de 2006 (Lei Maria da Penha) (in pt). planalto.gov.br. Government of Brazil (7 August 2006). Retrieved on 13 September 2022.
  17. ↑ a b c Canadian Criminal Code, 1985 (last amended 2020-07-01). Justice Laws Website. Canadian Ministry of Justice (1 July 2020). Retrieved on 4 February 2021.
  18. ↑ Biblioteca del Congreso Nacional | Ley Chile – Código Penal (in es). Biblioteca del Congreso Nacional | Ley Chile. Retrieved on 17 September 2022.
  19. ↑ Criminal Law of the People's Republic of China. fmprc.gov.cn. Permanent Mission of the People's Republic of China to the United Nations and Other International Organizations in Vienna (14 March 1997). Retrieved on 31 January 2021.
  20. ↑ Country Reports on Human Rights Practices, 2017, China (includes Tibet, Hong Kong, and Macau)
  21. ↑ a b Hong Kong e-Legislation. Hong Kong e-Legislation. Retrieved on 22 March 2024.
  22. ↑ Código Penal (in Portuguese). Imprensa Oficial. Retrieved on 22 March 2024.
  23. ↑ Ley 599 de 2000 Nivel Nacional por la cual se expide el Código Penal (in es). Penal Code of Colombia, 2000. Régimen Legal de Bogotá D.C. (24 July 2000). Retrieved on 3 February 2021.
  24. ↑ Loi n° 06/018 du 20 juillet 2006 modifiant et complétant le Décret du 30 janvier 1940 portant Code pénal congolais (in fr). Journal Officiel de la République Démocratique du Congo. Cabinet du Président de la République (1 August 2006). Retrieved on 2 February 2021.
  25. ↑ a b Enikő Horváth, Monwabisi Zukani, Desmond Eppel, Monica Kays, Abdoul Konare, Yeora S. Park, Ekaterina Y. Pischalnikova, Nathaniel Stankard and Tally Zingher (2007). Gender-based violence laws in sub-saharan Africa. reproductiverights.org. Center for Reproductive Rights. Retrieved on 31 January 2021.
  26. ↑ Country Reports on Human Rights Practices, 2017, Democratic Republic of Congo
  27. ↑ The State of African Women 2018
  28. ↑ Código Orgánico Integral Penal Ecuador (28 January 2014 revision). vLex (28 January 2014). Retrieved on 17 September 2022.
  29. ↑ "A wife cannot withhold sex from her husband without a valid reason according to sharia". Egypt (in en). National Sexual Rights Law and Policy Database. Retrieved on 15 October 2018.
  30. ↑ George Sadek (October 2016). Egypt: Sexual Violence Against Women. loc.gov. Library of Congress. Retrieved on 2 February 2021.
  31. ↑ Egypt: Penal Code (Arabic, 2003) (in ar). Refworld.org (2003). Retrieved on 2 February 2021.
  32. ↑ Ethiopia: Criminal Code. Refworld.org (9 May 2005). Retrieved on 2 February 2021.
  33. ↑ Pipaluk Ellebæk Motzfeldt (16 May 2018). Grønlandsk retspraksis i voldtægtssager (in dk). projekter.aau.dk. Retrieved on 12 September 2022.
  34. ↑ Elian Peltier (17 December 2020). "Denmark Toughens Rape Law to Include Sex Without Consent". The New York Times.
  35. ↑ The Indian Penal Code, 1860. indiacode.nic.in. Government of India. Retrieved on 31 January 2021.
  36. ↑ Judgment archive copy at the Wayback Machine, par. 156.
  37. ↑ Supreme Court Scraps Section 377; 'Majoritarian Views Cannot Dictate Rights,' Says CJI. The Wire. Retrieved on 6 September 2018.[dead link]
  38. ↑ Indonesian Criminal Code. papuansbehindbars.org. Papuans Behind Bars. Retrieved on 31 January 2021.
  39. ↑ Indonesia: Penal Code archive copy at the Wayback Machine
  40. ↑ Indonesia: Law Regarding the Elimination of Violence in the Household (2004)
  41. ↑ Iraqi Penal Code, 2010. Refworld.org (14 March 2010). Retrieved on 3 February 2021.
  42. ↑ talmudology.com spousal rape
  43. ↑ Penal Code of Japan. japaneselawtranslation.go.jp. Japanese Law Translation (2017). Archived from the original on 2021-03-10. Retrieved on 1 February 2021.
  44. ↑ The Sexual Offences Act, 2006. International Labour Organization. National Council for Law Reporting (2009). Archived from the original on 2020-12-27. Retrieved on 31 January 2021.
  45. ↑ Code pénal du Maroc. Version consolidée en date du 15 septembre 2011 (in fr). ilo.org (15 September 2011). Retrieved on 16 September 2022.
  46. ↑ Morocco's Implementation of Accepted UPR Recommendations On Women's Rights. MRA/Mobilising for Rights Associates (June 2014). Retrieved on 23 October 2018.
  47. ↑ Country Reports on Human Rights Practices, 2017, Morocco
  48. ↑ (12 September 2018). "Morocco bans forced marriage and harassment". BBC News.
  49. ↑ Marital Rape Is Still Legal in Morocco Despite Brand New Domestic Violence Law. Global Citizen (1 March 2018). Retrieved on 16 October 2018.
  50. ↑ Oumaima Latrech (5 May 2022). "Moroccan Court Rules Against Husband Suing Wife for Refusing Sex". Morocco World News.
  51. ↑ "New Zealand’s Crimes Act, 1961 s. 128 also defines rape essentially as penetration by penis without consent, while a sexual violation in general is defined as unlawful sexual connection without consent." An Estimation of the Economic Impact of Violent Victimization in Canada, 2009. Department of Justice of Canada. Retrieved on 2 May 2020.
  52. ↑ Crimes Act 1961. Reprint as at 26 August 2020.. New Zealand Legislation. New Zealand Parliamentary Counsel Office (26 August 2020). Retrieved on 31 January 2021.
  53. ↑ The State of African Women, 2018, p. 146
  54. ↑ Section 357 of the Criminal Code and Section 282 of the Penal Code. Global Database on Violence against Women. UN Women (2016). Retrieved on 31 January 2021.
  55. ↑ Criminal Code Act. Chapter 30. The Complete 2004 Laws of Nigeria. Policy and Legal Advocacy Centre (PLAC) (2004). Retrieved on 31 January 2021.
  56. ↑ Marital rape: Is it criminalised in Pakistan?. Daily Pakistan Global (31 August 2017). Retrieved on 16 October 2018.
  57. ↑ United Nations ddevelopment
  58. ↑ US department of state report on West Bank and gaza
  59. ↑ Código Penal peruano [actualizado 2022 | LP] (in es). LP (29 June 2022). Retrieved on 15 September 2022.
  60. ↑ No. 32 of 2007: Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.. Government Gazette of South Africa. Republic of South Africa (14 December 2007). Retrieved on 31 January 2021.
  61. ↑ Criminal Code of South Korea, 1998. Refworld.org (1 January 1998). Retrieved on 3 February 2021.
  62. ↑ Top court recognizes marital rape as crime for first time. Yonhap News (16 May 2013). Retrieved on 3 February 2021.
  63. ↑ Sudan's new law on rape and sexual harassment One step forward, two steps back?. African Centre for Justice and Peace Studies (8 March 2016). Retrieved on 20 July 2020.
  64. ↑ Ban Barkawi, Rachel Savage (16 July 2020). "'Great first step' as Sudan lifts death penalty and flogging for gay sex". Reuters. Retrieved on 17 July 2020.
  65. ↑ Laws & Regulations Database of The Republic of China (Taiwan). law.moj.gov.tw (27 December 2023). Retrieved on 22 March 2024.
  66. ↑ Baseline Evaluation Report Turkey. Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO). Council of Europe (15 October 2018). Retrieved on 3 February 2021.
  67. ↑ Uganda: The Penal Code Act (Cap. 120), 1950. Refworld.org (15 June 1950). Retrieved on 3 February 2021.
  68. ↑ Marital Rape In Uganda; Is It A Crime Or A Conjugal Right? (in en). Uganda Christian University (2015). Retrieved on 22 October 2018.
  69. ↑ The phenomenon of marital rape (in en-gb). The Observer - Uganda (26 May 2010). Retrieved on 22 October 2018.
  70. ↑ WIPO Lex Uruguay Código Penal. wipolex.wipo.int (2000). Retrieved on 14 September 2022.
  71. ↑ Venezuelan Penal Code. Archived from the original on 19 January 2017.
  72. ↑ in 2006 a Jewih Woman was kidnapped an dforced to convert yo islam and marry her kidnapper
  1. ↑ Afghanistan: Shia Personal Status Law (2008)
  2. ↑ Bangladesh: Penal Code (1860, amended to 2008)
  3. ↑ Iran: Penal Code {2012}
  4. ↑ Myanmar: Penal Code
  5. ↑ Pakistan: Penal Code
  6. ↑ Philippines: Anti-rape law archive copy at the Wayback Machine (1997)
  7. ↑ Philippines: Anti- Violence Against Women and Their Children Act archive copy at the Wayback Machine (2004)
  8. ↑ Russia: Russia (1996, amended to 2018) (Russian)
  9. ↑ Tanzania: Sexual Offences (Special Provisions) Act (1998)
  10. ↑ Thailand: Penal Code Amendment Act (No. 19) (2007)
  11. ↑ Turkey: Criminal Code archive copy at the Wayback Machine (amended to 2016)
  1. ↑ These countries have two separate laws against sexual violence: one for sexual violence committed with coercion, one of sexual violence committed without coercion but also without consent; the latter counts as a lesser crime, and is punished less severely. Example: Article 201 (coercion-based, max. penalty 10 years prison) and Article 205a (consent-based, max. penalty 2 years prison) of the Austrian Criminal Code.[1]:13 This is different from countries who cover all sexual violence within a single law based on a lack of consent, but may add extra penalties if the nonconsensual sexual act was accompanied by some form of coercion.
Author Nederlandse Leeuw
Other versions
  • Consent-based and coercion-based sexual violence legislation in Europe
    Consent-based and coercion-based sexual violence legislation in Europe
  • Nonconsensual penetrative sex laws by U.S. state
    Nonconsensual penetrative sex laws by U.S. state
  • Nonconsensual non-penetrative sex laws by U.S. state
    Nonconsensual non-penetrative sex laws by U.S. state
  • Marital rape laws by country
    Marital rape laws by country

Licensing

I, the copyright holder of this work, hereby publish it under the following license:
w:en:Creative Commons
attribution share alike
This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International license.
You are free:
  • to share – to copy, distribute and transmit the work
  • to remix – to adapt the work
Under the following conditions:
  • attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • share alike – If you remix, transform, or build upon the material, you must distribute your contributions under the same or compatible license as the original.
Any autoconfirmed user can overwrite this file from the same source. Please ensure that overwrites comply with the guideline.

Captions

World map of consent-based and coercion-based sexual violence legislation, and whether exemptions for marital rape (spousal rape) exist or not.

inception

31 January 2021

media type

image/svg+xml

checksum

17b04b50389553a62afb5d05cdd43bf14a9f1188

determination method or standard: SHA-1

data size

1,704,472 byte

height

260 pixel

width

512 pixel

File history

Click on a date/time to view the file as it appeared at that time.

(newest | oldest) View (newer 10 | ) (10 | 20 | 50 | 100 | 250 | 500)
Date/TimeThumbnailDimensionsUserComment
current23:37, 22 March 2024Thumbnail for version as of 23:37, 22 March 2024512 × 260 (1.63 MB)Nederlandse LeeuwTaiwan and Japan green instead of blue: criminal codes are coercion-based. Macau and Hong Kong remain unchanged.
15:33, 22 March 2024Thumbnail for version as of 15:33, 22 March 2024512 × 260 (1.65 MB)Nederlandse LeeuwFinland switched to a consent-based model on 1 January 2023.
13:06, 19 July 2023Thumbnail for version as of 13:06, 19 July 2023512 × 260 (1.65 MB)TeetritionUpdate Japan, Hong Kong SAR, Macau SAR and Taiwan
13:21, 18 September 2022Thumbnail for version as of 13:21, 18 September 2022512 × 260 (1.65 MB)Nederlandse LeeuwEcuador, Bolivia
11:19, 17 September 2022Thumbnail for version as of 11:19, 17 September 2022512 × 260 (1.65 MB)Nederlandse Leeuw+Chile
23:05, 16 September 2022Thumbnail for version as of 23:05, 16 September 2022512 × 260 (1.65 MB)Nederlandse LeeuwPeru, Venezuela, Uruguay, Afghanistan, Morocco.
18:34, 13 September 2022Thumbnail for version as of 18:34, 13 September 2022512 × 260 (1.65 MB)Nederlandse LeeuwBrazil back to green, see updated description and edit summary.
18:53, 12 September 2022Thumbnail for version as of 18:53, 12 September 2022512 × 260 (1.65 MB)Nederlandse LeeuwGreenland and Faroe Islands
18:10, 12 September 2022Thumbnail for version as of 18:10, 12 September 2022512 × 260 (1.65 MB)Nederlandse LeeuwCompleted all European sovereign states
22:27, 10 September 2022Thumbnail for version as of 22:27, 10 September 2022512 × 260 (1.65 MB)Nederlandse Leeuw+Kazakhstan, Georgia
(newest | oldest) View (newer 10 | ) (10 | 20 | 50 | 100 | 250 | 500)

The following 2 pages use this file:

Global file usage

The following other wikis use this file:

Metadata

This file contains additional information, probably added from the digital camera or scanner used to create or digitize it.

If the file has been modified from its original state, some details may not fully reflect the modified file.

Retrieved from "https://en.wikipedia.org/wiki/File:Consent-based_and_coercion-based_sexual_violence_legislation_world_map.svg"