Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
No
The age of sexual consent for girls is 18 years. No age of sexual consent is provided for boys. The national legislation does not provide for a close-in-age exemption.
Analysis of country legislation on age of sexual consent, 2024
Extraterritoriality & Extradition
No
Beninese law provides for active and passive extraterritoriality over offenses committed outside Benin by Beninese citizens or against a Beninese citizen. Habitual residents are not included. Double criminality is required for proceeding with extraterritorial jurisdiction over most SEC offences based on the principle of active personality but it is lifted for some SEC offences that qualify as “crimes”. Double criminality is required for passive extraterritoriality.
Article 641 of the Code of Criminal Procedure provides for universal jurisdiction over crimes against the security of the State or counterfeiting of the seal/currency of the State if the perpetrator is found in or extradited to Benin. Benin extends its jurisdiction over crimes committed abroad if they are punishable by Beninese laws. SEC offences are not expressly mentioned.
Extradition of Beninese nationals is not permitted and extradition is only allowed if the perpetrator has committed an offence in the territory of the requesting State; outside its territory by a national of that State; or outside its territory by a person foreign to that State, when the offense can be prosecuted under Beninese law. Double criminality is generally required for proceeding with extraditions and extradition is not permitted if the crime was committed in Beninese territory. Beninese legislation does not refer to SEC offences as extraditable offences.
Criminal Code
Code of Criminal Procedure
Amendment to the Code of Criminal Procedure, 2018, 2013, 2020
CSAM Definition
Not Yet Assessed
Background Check Required
Not Yet Assessed
National Commitments
Not Yet Assessed
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
Not Yet Assessed
Protection Standards Travel and Tourism
Not Yet Assessed
Public SEC Case Data
Not Yet Assessed
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.