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 14 years, for both girls and boys. 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
Portuguese law provides for active and passive extraterritoriality provided that the act double criminality is fulfilled, the perpetrator has been found in Portugal and extradition is admitted but not granted. Habitual residents are not included in this provision. Universal jurisdiction is provided for crimes committed outside Portugal when the act constitutes a crime that Portugal must prosecute under international law and for certain crimes committed abroad regardless of the nationality of the perpetrator provided that he or she is found in Portugal and cannot be extradited.
Portuguese courts have extraterritorial jurisdiction over SEC related offences if the perpetrator is found in Portugal and cannot be extradited or surrendered; or the crime is committed by Portuguese or habitual residents in Portugal; or the crime is committed against a minor who habitually resides in Portugal.
Portuguese nationals cannot be extradited unless extradition is done under the EAW or under international instruments (reciprocity) and where the facts justifying the request are punishable as terrorism or international organised. The extradition of a Portuguese nationals may be made conditional on their return to Portugal to serve any sentence. Double criminality is required for proceeding with extradition (punishable with a custodial sentence of a maximum duration of at least one year).
SEC offences are referred to as extraditable under the European Arrest Warrant (EAW) framework within the EU without requiring double criminality if the act is punishable by a maximum period of at least three years of imprisonment in the requesting State.
Constitution,Criminal Code,Law on international judicial cooperation in criminal matters (Law No. 144/99),Law on the European Arrest Warrant (Law No. 65/2003), 1976 (status as of 2023), 1995 (status as of 2023), 1999 (status as of 2023), 2003 (status as of 2023)
CSAM Definition
No Data
Background Check Required
No Data
National Commitments
No Data
Child Advocacy Centers
No Data
SEC Police Unit
No Data
Protection Standards Travel and Tourism
No Data
Public SEC Case Data
No Data
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.