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
Active extraterritorial jurisdiction is provided for over crimes committed outside Cuba by Cuban nationals or residents in Cuba if they are found in Cuba or extradited to Cuba and by Cuban nationals if they are surrendered in compliance with treaties signed by Cuba. Cuban laws also apply to foreigners who commit a crime outside Cuba if they are found in Cuba and not extradited, provided that the crime is punishable in the place it was committed (double criminality) and the proceedings are initiated at the request of the Minister of Justice.
Passive extraterritorial jurisdiction is not provided in the Criminal Code. Cuban legislation does not regulate universal jurisdiction but Cuba has incorporated into its domestic legislation a variety of crimes of an international nature such as human trafficking.
The general rule is that Cuban citizens cannot be extradited, and foreigners can be extradited according to international treaties ratified by Cuba and in their absence, according to Cuban law or based on the principle of reciprocity. Extradition can only be requested for an offence provided for in a law in force, both at the time of its commission and at the time of processing the request (double criminality). The principle of severity of the punishment applies and therefore the extradition of all SEC related offences is not guaranteed.
Criminal Code,
Law of Criminal Procedure, 2022, 2022
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.