The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
Six nations in Africa (Benin, the Democratic Republic of the Congo, Gabon, Ivory Coast, Niger and Madagascar) have a higher age of consent for same-sex sexual relations than opposite-sex ones; every other African country either has an equal age of consent for both acts or bans homosexual acts altogheter regardless of age.
The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another person who is also at or above that age. Other variables are stated when relevant.
Summary
Scope: all jurisdictions per list of sovereign states and dependent territories in Africa.
Definitions
Table
Algeria
The age of consent in Algeria is 16 for vaginal intercourse, as specified in Article 334 of the penal code.
"Heterosexual Sodomy" is illegal, Article 338 of the Penal Code. As well as all same-sex sexual conduct, Article 338, and "outrages to public decency", Article 333. The punishment for both the first two activities with those under 19 years of age is more severe for the older participant.
Angola
The age of consent in Angola is 14 but sexual activity with persons under 16 is prohibited if a person over 18 years of age "takes advantage of their inexperience or a situation of particular need".
These laws are covered under articles 192 and 193 of the penal code—sexual abuse of a minor under 14, and sexual abuse of a minor under 16.
Some online sources incorrectly list the age of consent as 12, but article 192 criminalizes all sexual acts with persons under 14 (penalties are aggravated if there is penetration or if the victim is under 12).
A new penal code which comes into effect in February 2021 adds protections for sexual orientation and removes criminalizing “vices against nature”, which had been used to criminalize same-sex sexual activity.
Benin
The age of consent in Benin is 16 for females, per Article 3 of The Law on the Prevention and Punishment of Violence against Women.
The age of consent for homosexual acts ("indecent acts or acts against nature") is 21.
Botswana
The age of consent is 18, as of the Penal Code Amendment Bill 2018. Same-sex relationships have been legal since 2019.
Burkina Faso
The age of consent is equally set at 18 regardless of gender.
Section 533-4 of the penal code criminalizes "indecent assaults" against minors at least 15 but less than 18.
Section 533-19 makes it illegal to incite to debauchery or promote the corruption of minors.
Burundi
Under the new Penal Code of 2009 (in French), the age of consent in Burundi for heterosexuals (both men and women) is 18 years. However, under Article 567, homosexual acts (both men and women) carry a fine of up to 100,000 Burundian francs and up to 3 years' imprisonment.
Cameroon
The minimum age of consent in Cameroon is 16, as specified in article 346 of the 2016 penal code.
However, article 344 of the same code states; "Whoever, in order to satisfy the desires of another person, habitually excites, encourages or facilitates the debauch or corruption of any person under (?) years of age...".
This appears subjective as to what acts, in what situations, may be considered to encourage debauchery or corruption (when involving minors aged 16 or above). An additional concern—and the reason for the question mark above—is that the original French version of the text lists the age of persons who may not be corrupted as those "under 21" (the age of majority in Cameroon), but the English version lists the age as "under 18".
Cape Verde
The age of consent in Cape Verde is 14 regardless of sexual orientation and/or gender, with partial protections for those under age 16.
Sexual relations with a child under age 14 are considered a public crime and invoke mandatory reporting from anyone who becomes aware of the crime.
Article 144 of the penal code makes it illegal to engage in sexual acts with persons younger than 14.
Article 145 makes it illegal to engage in sexual acts with a 14- to 15-year-old if, being an adult, the offender takes advantage of their superiority (power or control) in the relationship, or if the victim is entrusted to them for education or assistance.