Brunei - Age of Sexual Consent
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BRUNEI
LAWS: 1. Has a sodomy law, with a penalty of up to 10 years imprisonment or a fine of up
to 30.000 Brunei dollars.
Source: http://www.odci.gov/cia/publications/factbook/geos/bx.html
Location and facts about the country
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Brunei Brunei
I. Ages for legal purposes
Age of simple majority
The legal age of majority is eighteen (18) years.
Age of consent for sexual activity
The legal age of consent for sexual activity is fourteen (14) years.
Age of consent to marriage
The legal age of consent for marriage is thirteen (13) years.
II. Rape
Article 375 of the Penal Code, ‘Rape’
" A man is said to commit ‘rape’, who , except in the case hereinafter
excepted, has sexual
intercourse with a woman under circumstances falling under any of the 5 following
descriptions :
a) against her will ;
b) without her consent ;
c) with her consent, when her consent has been obtained by putting her in fear of death or
of hurt ;
d) with her consent, when the man knows that he is not her husband, and that the consent
is given because she believes that he is another man to whom she is, or believes herself
to be, lawfully married ;
e) with or without her consent when she is under fourteen (14) year of age. "
Explanation :
Penetration is sufficient to constitute the act of sexual intercourse necessary to the
offence of rape.
Sexual intercourse by a man with his own wife, the wife not being under thirteen (13)
years of age, is not rape.
‘Punishment for rape’, Article 376 of the Penal Code
" Whoever commits rape shall be punished with imprisonment of either description for
a term which may extend to 30 years and shall also be liable to fine and whipping. "
III. Other forms of child sex abuse
‘Unnatural Offences’, Article 377 of the Penal Code
" Whoever voluntarily has carnal intercourse against the order of nature with any
man, woman, or animal, shall be punished with imprisonment of either description for a
term which may extend to 10 years, and shall also be liable to fine. "
Explanation :
Penetration is sufficient to constitute the carnal intercourse necessary to the offence
described in this section.
‘Incest’, Article 377 A of the Penal Code
" (1) Whoever-
a) being a male, has sexual intercourse with a female who to his knowledge is his
grandmother, granddaughter, daughter, sister, half-sister, or mother ; or
b) being a female, has sexual intercourse with a male who to her knowledge is her
grandfather, grandson, son , brother, half-brother or father ;
-is said to commit incest and shall be punished with imprisonment of either description
for a term
which may extend to 10 years, or with fine, or both. "
Explanation :
It is immaterial whether the relationship between the persons charged is or is not traced
though
lawful wedlock.
(2) This section shall not apply to Malays and other races indigenous to Brunei who by
their own law or custom are punishable for having sexual intercourse within prohibited
degrees of relationship. "
We must also mention the " Unlawful Carnal Knowledge Act " which
constitutes an Act to renderunlawful the having of carnal knowledge of a girl under
sixteen (16) years of age.
Article 2 of this Act determines the offence as follows
" Any person who has or attempts to have carnal knowledge of a girl under the age of
sixteen (16)
years except by way of marriage, shall be guilty of an offence : Penalty, imprisonment for
a term
which shall not be less than 2 years and not more than 7 years and to whipping not
exceeding 24
strokes of the rattan in the case of an adult or 12 strokes of the rattan in the case of a
youthful
offender. "
Article 3 of the Act
" It shall be a sufficient defence to any charge under this Act that the person
charged had
reasonable cause to believe that the girl was of or above the age of sixteen (16) years.
"
Article 4 of the Act
" The Court of a Magistrate shall have jurisdiction over offences under this Act and,
notwithstanding anything to the contrary which may be contained in the Criminal Procedure
Code,
shall have power to impose the full penalty. "
IV. Child prostitution
‘Procuration of a minor girl’, Article 366 A of the Penal Code
" Whoever, by any means whatsoever, induces any minor girl under the age of eighteen
(18) years
to go from any place or to do any act with intent that such girl may be, or knowing that
it is likely
that she will be, forced or seduced to illicit intercourse with another person, shall be
punishable
with imprisonment which may extend to 10 years and shall also be liable to fine. "
‘Importation of a girl from a foreign country’, Article 366 B of the Penal Code
" Whoever imports into Brunei from any country outside Brunei any girl under the age
of
twenty-one (21) years with intent that she may be, or knowing it to be likely that she
will be, forced
or seduced to illicit intercourse with another person, shall be punishable with
imprisonment of either
description for a term which may extend to 10 years and shall also be liable to fine.
"
‘Kidnapping or abducting in order to subject a person to grievous hurt, slavery,
etc.’, Article 367 of the Penal Code
" Whoever kidnaps or abducts any person in order that such person may be subjected,
or may be
so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or
to the
unnatural lust of any person, or knowing it to be likely that such person will be so
subjected or
disposed of, shall be punished with imprisonment of either description for a term which
may extend
to 10 years, and shall also be liable to fine. "
‘Wrongfully concealing or keeping in confinement a kidnapped or abducted
person’, Article 368 of the Penal Code
" Whoever, knowing that any person has been kidnapped or has been abducted,
wrongfully
conceals or confines such person, shall be punished in the same manner as if he had
kidnapped or
abducted such person with the same intention or knowledge or for the same purpose as that
with or
for which he conceals or detains such person in confinement. "
‘Buying or disposing of any person as a slave’, Article 370 of the Penal Code
" Whoever imports, exports, removes, buys, sells or disposes of any person as a
slave, or accepts,
receives, or detains against his will an person as a slave, shall be punished with
imprisonment of
either description for a term which may extend to 7 years, and shall be liable to fine.
"
‘Selling a minor for purposes of prostitution’, Article 372 of the Penal Code
" Whoever sells, lets to hire, or otherwise disposes of any person under the age of
eighteen (18)
years with intent that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, or
knowing it to be likely that such person will at any age be employed or used for such
purpose, shall
be punished with imprisonment of either description for a term which may extend to 10
years, and
shall also be liable to fine . "
Explanation 1 :
When a female under the age of eighteen (18) years is sold, let for hire, or otherwise
disposed of to a
prostitute or to any person who keeps or manages a brothel, the person so disposing of
such female
shall, until the contrary is proved, be presumed to have disposed of her with the intent
that she
shall be used for the purpose of prostitution.
Explanation 2 :
For the purpose of this section " illicit intercourse " means sexual intercourse
between persons not
united by marriage or by any union or tie which, though not amounting to a marriage, is
recognised
by the personal law or custom of the community to which they belong or where they belong
to
different communities, of both such communities, as constituting between them a
quasi-marital
relation.
‘Buying a minor for purposes of prostitution’, Article 373 of the Penal Code
" Whoever buys, hires or otherwise obtains possession of any person under the age of
eighteen
(18) years with intent that such person shall at any age be employed or used for the
purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, or
knowing it to be likely that such person will at any age be employed or used for any such
purpose,
shall be punished with imprisonment of either description for a term which may extend to
10 years,
and shall also be liable to fine. "
Explanation 1 :
Any prostitute, or any person keeping or managing a brothel, who buys, hires, or otherwise
obtains
possession of a female under the age of eighteen (18) years shall, until the contrary is
proved, be
presumed to have obtained possession of such female with the intent that she shall be used
for the
purpose of prostitution.
Explanation 2 :
" Illicit intercourse " has the same meaning as in section 372.
‘Importing for purposes of prostitution’, Article 373 A of the Penal Code
" Whoever, by any false pretence, false representation, or fraudulent or deceitful
means, brings, or
assists in bringing, into Brunei any woman with intent that such woman may be employed or
used
for the purpose of prostitution ; and whoever brings, or assists in bringing, into Brunei
any woman
with intent that such woman may be sold or bought for the purpose of prostitution ; and
whoever
sells or buys any woman for the purpose of prostitution, shall be punished with
imprisonment of
either description for a term not exceeding 10 years, and shall be liable to fine. "
We must also mention the " Woman and Girls Protection Act ", which constitutes
an Act for the
protection of women and girls and makes provisions for the suppression of brothels.
Article 3 of the " Woman and Girls Protection Act ", ‘Selling or hiring for
purpose of prostitution’
" 1) Any person who-
a) sells, lets to hire or otherwise disposes of or buys or hires or otherwise obtains
possession of any woman or girl with intent that such woman or girl shall be
employed or used for the purpose of prostitution either within or without Brunei, or
knowing or having reason to believe that such woman or girl will be so employed
or used ; or
b) procures any woman or girl under the age of twenty-one (21) years, or any
woman or girl of or above that age being a prostitute or of known immoral
character to have either within or without Brunei carnal connection except by way
of marriage with any other person or for the purpose of prostitution either within
or without Brunei ; or
c) by threats or intimidation procures any woman or girl to have carnal
connection either within or without Brunei except by way or marriage with any
male person ;
d) by or under any false pretence, false representation, or fraudulent or deceitful
means made or used either within or without Brunei, brings or assists in bringing
into Brunei any woman or girl with intent that such woman or girl shall be
employed or used for the purpose of prostitution either within or without Brunei, or
knowing or having reason to believe that such woman or girl will be employed or
used ; or
e) brings into Brunei, receives or harbours any woman or girl under the age of
twenty-one (21) years or any woman or girl of or above that age not being a
prostitute or of known immoral character, knowing or having reason to believe
that such woman or girl has been procured for the purpose of having carnal
connection, except by way of marriage, with any other person or for the purpose of
prostitution either within or without Brunei and with intent to aid such purpose ;
or
f) knowing or having reason to believe that any woman or girl has been procured
by threats or intimidation for the purpose of having carnal connection, except by
way of marriage, either within or without Brunei, receives or harbours such woman
or girl with intent to aid such purpose ; or
g) knowing or having reason to believe that any woman or girl has been brought
into Brunei in breach of paragraph (d), or has been sold or purchased in breach of
paragraph (a), receives or harbours such woman or girl with intent that she shall
be employed or used for the purpose of prostitution either within or without
Brunei ; or
h) detains any woman or girl in a brothel against her will ; or
i) detains any woman or girl in any place against her will with intent that she may
be employed or used for the purpose of prostitution or for any unlawful or immoral
purpose ; or
j) (...)
k) attempts to do any act in contravention of this section,
-shall be guilty of an offence : Penalty, imprisonment for 5 years and a fine of $ 20,000.
"
‘Traffic in Women and girls’, Article 4 of the " Woman and Girls Protection
Act "
" (1) Any person who buys, sells, procures, traffics in, or imports into Brunei for
the purpose of
such traffic, and whether or not for the purpose of present or subsequent prostitution,
any woman
or girl, shall be liable to imprisonment of either description for 5 years and to a fine
of $ 20.000.
(2) No person shall be charged with an offence under this section if he satisfies the
Commissioner
that the woman or girl brought into or taken out of Brunei by him or intended to be
brought into
or taken out of Brunei by him was so brought into or taken out of Brunei or is intended to
be so
brought into or taken out of Brunei for the purpose of her marriage or adoption and that
such
marriage or adoption can be solemnised or made and has been or will be solemnised or made
under the laws and customs for the time being in force in Brunei. "
‘Living on or trading in prostitution’, Article 5 of the " Woman and Girls
Protection Act "
" (1) Any person who-
a) knowingly lives wholly or in part on the earnings of prostitution of any other
person ; or
b) in any public place persistently solicits or importunes on behalf of a woman or
girl, for immoral purposes,
-shall be liable to imprisonment of either description for 5 years and to a fine of
$20.000.
(2) (...)
(3) Where any person is proved to live with or to be habitually in the company of a
prostitute or is
proved to have exercised control, direction or influence over the movements of a
prostitute in such
manner as to show that he is aiding, abetting or compelling he prostitution with any other
person
or generally, he shall, unless he con satisfy the Court to the contrary, be deemed to be
knowingly
living on the earnings of prostitution.
(4) (...) "
V. Child pornography
There is no separate legal provision concerning Child Pornography, but we mention the
" Undesirable Publications Act ", which constitutes an Act to prevent the
importation, distribution
or reproduction of undesirable publications and for purposes connected therewith.
Article 4 defines the offence as following :
" (1) Any person who imports, publishes, sells, offers for sale, distributes or
reproduces any
prohibited publication or any extract therefrom shall be guilty of an offence.
Penalty, for a first offence imprisonment for 3 years and a fine of $ 3.000, and for a
subsequent offence imprisonment for 4 years and a fine of $ 5.000.
(2) Any person who without reasonable excuse has in his possession any prohibited
publication
or any extract therefrom shall be guilty of an offence.
Penalty, for a first offence imprisonment for one year and a fine of $ 2.000, and for a
subsequent offence imprisonment for 2 years and a fine of $ 3.000.
In any proceedings against any person for an offence under subsection (2) such
person shall be presumed, until the contrary is proved, to have known the contents
and the nature of the contents of any publication immediately after such
publication came into possession. "