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
Partial
Age of sexual consent is 18 years. The national legislation does not provide for a close-in-age exemption.
Analysis of country legislation on age of sexual consent, 2024
Extraterritoriality & Extradition
Partial
The Criminal Code provides for the application of active personality jurisdiction for offences committed outside the territory by Burundian citizens if the act is punishable by the laws of Burundi and by the legislation of the country where it was committed (double criminality). Habitual residents are not included. The Criminal Code does not provide for the application of passive personality jurisdiction for offences committed outside the territory against Burundian citizens. Burundian legislation provides for universal jurisdiction over certain crimes (war crimes, genocide, crimes against humanity), regardless of where they are committed, the nationality of the offender or the laws of the place where they are committed but SEC related offences are not included.
The legal basis for cooperation on extradition lies in the existence of a treaty. Accordingly, extradition requests are reviewed on an ad hoc basis or under the principle of reciprocity but the extradition of Burundian nationals is not permitted. Burundi currently has no national legislation on extradition and thus, there is no specific provision on extradition of SEC related offences. It is not clear whether the double criminality principle is generally required for proceeding with extradition.
Criminal Code
Code of Criminal Procedure
Constitution
CEPGL Protocol on Judicial Cooperation, 2017, 2018, 2018, 2006
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.