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 is 16 for female children and 12 for male children. 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 not provided for crimes committed outside Guinea-Bissau by Bissau-Guineans. Passive extraterritorial jurisdiction is provided for crimes committed outside Guinea-Bissau against Bissau Guineans if the perpetrator is found in Bissau-Guinean territory and habitually resides in Guinea-Bissau. If the perpetrator does not habitually resides in Guinea Bissau at the time when the crime is committed, Guinean legislation is applicable if the crime is punishable by the law of the place where the crime was committed (double criminality), it is a crime that admits extradition and extradition cannot be granted. Universal jurisdiction is provided over electoral crimes, crimes against national economy , diversion or withdrawal from ship or aircraft, prohibited weapons and criminal association. SEC related crimes are not included.
Extraterritorial jurisdiction is also provided over some crimes if the agent is found in Guinea-Bissau and their extradition is not possible. This provision does not include SEC related crimes.
Extradition is not sufficiently regulated and there is no specific provision on the extradition of SEC related offences under Bissau-Guinean legislation. Moreover, under the current laws is not clear if the principle of double criminality is required for proceeding with extraditions. Bissau-Guinean nationals cannot be extradited.
Criminal Code,
Code of Criminal Procedure,
Constitution, 2007, 2007, 1996
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.