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
Yes
Age of sexual consent is 18 years. The national legislation provides for a three years close-in-age exemption.
Analysis of country legislation on age of sexual consent, 2024
Extraterritoriality & Extradition
No
Botswana has not established active or passive extraterritoriality. Botswana legislation applies to offences committed only partly within Botswana. The Criminal Code does not provide for universal jurisdiction.
Extraditable offences are offences which, if committed within Botswana, would be an offence punishable with imprisonment for a term of two years or more (double criminality principle). There are no specific provisions on extradition of SEC-related offences. However, most SEC-related offences are crimes that are punishable with imprisonment of two years or more and therefore could be considered as extraditable offences.
Under the Protocol of Extradition, extraditable offences are offences that are punishable under the laws of State Parties by imprisonment or other deprivation of liberty for a period of at least one year, or by a more severe penalty. Extradition may be granted to serve a sentence of imprisonment of at least six months. There is no specific provision on the extradition of SEC-related offences.
Criminal Code
Extradition Act
Protocol on Extradition, 1986 (modified 2018), 1990, 2002
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.