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 16 years. The national legislation does not provide for a close-in-age exception.
Analysis of country legislation on age of sexual consent, 2024
Extraterritoriality & Extradition
Partial
Active (including residents) and passive extraterritoriality is provided for trafficking crimes. Active extraterritoriality is additionally provided for OCSE-related offenses but it is unclear if it applies to other SEC related offences. Double criminality principle is not applicable for extraterritoriality.
Extradition requires a minimum gravity of one year of imprisonment. SEC-related offenses are not included in the extraditable offenses list and therefore it is necessary to refer to each international treaty ratified by Malawi. It is unclear whether the double criminality principle is applicable in extradition cases.
SECTT Legal Checklist Malawi, 2020
CSAM Definition
Not Yet Assessed
Background Check Required
No
There are no mandatory legal provisions for criminal background checks nor legislation prohibiting convicted sex offenders to hold positions involving or facilitating contact with children. However, persons convicted for the offence of trafficking of children are prohibited from working with children for seven years.
SECTT Legal Checklist Malawi, 2020
National Commitments
Partial
Malawi has ratified the CRC, the OPSC, the Trafficking Protocol and the ILO Convention No.182.
Malawi has also ratified the African Charter on the Rights and Welfare of the Child.
Malawi has not ratified the OPIC, the UNWTO Framework Convention on Tourism Ethics nor the AU Convention on Cyber Security and the Council of Europe's Lanzarote and Budapest Conventions.
SECTT Legal Checklist Malawi, 2020
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
Not Yet Assessed
Protection Standards Travel and Tourism
No
There are no child protection standards for the travel and tourism industry in place.
SECTT Legal Checklist Malawi, 2020
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.