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
Not Yet Assessed
Extraterritoriality & Extradition
No
The Code of Criminal Procedure provides for the application of active personality jurisdiction for offences committed outside the territory by Congolese citizens but habitual residents are not included. Double criminality applies to offences that qualify as “délits” but is lifted for offences that qualify as “crimes”, and it also applies to complicity. The Code of Criminal Procedure does not provide for the application of passive personality jurisdiction for offences committed outside the territory against Congolese citizens. The Code of Criminal Procedure provides for universal jurisdiction over certain crimes if the perpetrator is found in the Republic of the Congo or is extradited. Congo extends its jurisdiction over certain crimes committed on the territory of one of the neighboring States on the basis of reciprocity. SEC related offences are not included in these provisions.
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 Congolese laws. Congolese nationals cannot be extradited and extradition will be denied if the offence was committed in Congolese territory. Double criminality is required for proceeding with extraditions. Extraditable offences are not defined or listed in the Law on Extradition of Foreigners and there are no specific provisions on extradition of SEC related offences in the national legislation.
Code of Criminal Procedure,
Constitution,
Law on Extradition of Foreigners,
CEMAC Extradition Agreement, 1963, 2015, 1982, 2004
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.