Fiji - age of consent
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Source: http://www.odci.gov/cia/publications/factbook/geos/fj.html
Facts about the country
Source: http://www.actwin.com/eatonohio/gay/world.htm
FIJI LAWS: 1. Has a sodomy law, punishable with up to 14 years in prison, with or
without corporal punishment.
2. Grants explicit constitutional protections to homosexual citizens. NOTE: 1. Prime
Minister Sitiveni Rabuka is anti-gay.
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Fiji - Fidji - Fiyi Suva
II. Rape
Section 149 ‘Definition of rape’ of the Penal Code of Fiji
" Any person who has unlawful carnal knowledge of a woman or girl, without her
consent, or
with her consent if the consent is obtained by force or by means of threats or
intimidation of any
kind, or by fear of bodily harm, or by means of false representations as to the nature of
the act, or
in the case of a married woman, by personating her husband, is guilty of the felony termed
rape. "
Section 150 ‘Punishment of rape’
" Any person who commits the offence of rape is liable to imprisonment for life, with
or without
corporal punishment. "
Section 151 ‘Attempted rape’
" Any person who attempts to commit rape is guilty of a felony, and is liable to
imprisonment for
seven years, with or without corporal punishment. "
III. Other forms of child sex abuse
Section 154 ‘Indecent assaults on females’
" (1) Any person who unlawfully and indecently assaults any woman or girl is guilty
of a felony,
and is liable to imprisoriment for five years, with or without corporal punishment.
(2) It is no defence to a charge for an indecent assault on a girl under the age of
sixteen years to
prove that she consented to the act of indecency.
(3) It shall be a sufficient defence to a charge for an indecent assault on a girl
under the age of
sixteen years to prove that she consented to the act of indecency and that the
person se, charged
had reasonable cause te, believe and did in fact believe that the girl was of or above the
age of
sixteen years.
(Inserted by 16 of 1960, s. 9.)
Indecently insulting or annoying females
(4) Whoever, intending to insult the modesty of any woman or girl, utters any word, makes
any
sound or gesture, or exhibits any object, intending that such word or sound shall be
heard, or that
such gesture or object shall be seen, by such woman or girl, or whoever intrudes upon the
privacy
of a woman or girl by doing an act of a nature likely to offend her modesty, is guilty of
a
misdemeanour, and is liable to imprisonment for one year. "
(Amended by 11 of 1948, s. 2, and by 21 of 1950, s. 3.).
Section 155 ‘Defilement of girl under thirteen years of age’
" (1) Any person who unlawfully and carnally knows any girl under the age of thirteen
years is
guilty of a felony, and is liable to imprisoriment for life, with or without corporal
punishment.
(2) Any person who attempts to have unlawful carnal knowledge of any girl under the age of
thirteen years is guilty of a misdemeanour, and is liable to imprisoriment for five years,
with or
without corporal punishment.
(3) It is no defence to a charge for unlawful carnal knowledge of a girl under the age of
thirteen
years to prove that she consented to the act. "
IV. Child prostitution
Section 157 ‘Procuration’
" (1) Any person who
1.procures or attempts to procure any girl or woman under the age of twenty-one years, not
being a common prostitute or of known immoral character, to have unlawful connection,
either in Fiji or elsewhere, with any other person or persons; or
2.procures or attempts to procure any woman or girl to become, either in Fiji or
elsewhere, a
common prostitute; or
3.procures or attempts to procure any woman or girl to leave Fiji, with intent that he may
become an inmate of or frequent a brothel elsewhere, or
4.procures or attempts to procure any woman or girl to leave her usual place of abode in
Fiji (such place not being a brothel), with intent that she may for the purposes of
prostitution become an inmate of or frequent a brothel either in Fiji or elsewhere,
is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without
corporal
punishment, provided that no person shall be convicted of any offence under this section
upon the
evidence of one witness only, unless such witness be corroborated in some material
particular by
evidence implicating the accused.
(2) It is no defence to any charge under this section to show that the girl or woman
procured was
procured with her consent. "
Section 162 ‘Selling minors under the age of sixteen years for immoral purposes’
" (1) Any parent or any other person having the custody, charge or care of a minor
under the age
of sixteen years who sells, lets for hire or otherwise disposes of such minor with intent
that such
minor shall at any age be employed or used for the purpose of prostitution or illicit
sexual
intercourse with any person or for any unlawful and immoral purpose, or knowing it to be
likely
that such minor at any age will be employed or used for any such purpose, is guilty of a
misdemeanour, and is liable to imprisoriment for two years, with or without corporal
punishment.
(2) When a minor under the age of sixteen years is sold, let for hire or otherwise
disposed of to a
common prostitute or other person of known immoral character, the parent or person so
disposing of such mincir shall, until the contrary is proved, bc deemed to have disposed
of such
minor with the intent mentioned in this section. "
Section 163 ‘Buying minors under the age of sixteen years for immoral purposes’
(1) Any person who buys, hires or otherwise obtains possession of any minor under the age
of
sixteen years with intent that such minor shall at any age be employed or used for the
purpose of
prostitution or illicit sexual intercourse with any person or for any unlawful and immoral
purpose or
knowing it to be likely that such minor at any age will be employed or used for any such
purpose, is
guilty of a misdemeanour, and is liable to imprisoriment for two years, with or without
corporal
punishment.
(2) Any common prostitute or other person of known immoral character who buys, hires or
otherwise obtains possession of a minor under the age of sixteen years shall, until the
contrary is
proved, be deemed to have obtained possession of such minor with the intent mentioned in
this
section. "
Section 170 ‘Brothels’ (Amended by 12 of 1969, s. 24.)
" Any person who
(a) keeps or manages or acts or assists in the management of a brothel; or
(b) being the tenant, lessee or occupier of any premises knowingly permits such
premises or any part thereof to be used as a brothel or for the purposes of habitual
prostitution; or
(c) being the lessor or landlord of any premises or the agent of such lessor or
landlord lets the same or any part thereof with the knowledge that such premises
or some part thereof are or is to be used as a brothel or is wilfully a party to the
continued use of such premises or any part thereof as a brothel, is guilty of a
misdemeanour. "
V. Child pornography
Section 188 ‘Traffic in obscene publications’
" (1) Any person who
(a) for the purpose of or by way of trade or for the purpose of distribution or public
exhibition, makes, produces or has in his possession any one or more obscene
writing, drawings, prints, paintings, printed matter, pictures, posters, emblems,
photographs, morals; or
(b) for any of the purposes above-mentioned iniports, conveys or exports, or causes
to be imported, conveyed or exported, any such matters or things, or in any manner
whatsoever puts any of them in circulation; or
(c) carries on or takes in any business, whether public or privak, concerned with
any such matters or things, or deals in any such matters or things in any manner
whatsoever, or distributes any of them or exhibits any of them publicly, or makes a
business of lending any of them; or
(d) advertises or makes known by any means whatsoever with a view to assisting
the circulation of, or traffic in any such matters or things, that a person is engaged
in any of the acts referred to in this section, or advertises or makes known how, or
from whom, any such matters or things can be procured either directly or
indirectly; or
(e) publicly exhibits any indecent show or performance or any show or
performance ending to corrupt morals,
is guilty of a misdemeanour, and is liable to imprisonment for two years or to a fine of
two
hundred dollars.
(2) If, in respect of any of the offences specified in paragraphs (a), (b), (c), or (d) of
subsection
(1), any constituent element thereof is committed in Fiji, such commission shall be
sufficient to
render the person accused of such offence triable therefor in Fiji.
(3) A court, on convicting any person of an offence against this section, may order to be
destroyed
any matter or thing made, possessed or used for the purpose of such offence.
(4) A court may, on the application of the *Director of Public Prosecutions or a Crown
Counsel
or a Superintendent of Police, order the destruction of any obscene matter or thing to
which this
section relates, whether any person may or may not have been convicted under the
provisions of
this section in respect of such obscene matter or thing. "
Legislation in Fiji: http://www.rrrt.org.fj/FIJI/RESOURCE/FAMILY/MARRIAGE.PDF
Marriage in Fiji: http://www.rrrt.org.fj/FIJI/RESOURCE/LEAFLETS/FJMR.HTM
How old must I be to get married?
The minimum legal age for marriage, if one or both of your parents consent (agree) to your
marriage is;
16 years old for females
18 years for males
If your parents are dead then whoever is looking after you (your guardian) must agree to
the marriage. If you have two
guardians it is enough if one of them agrees.
If you want to marry without your parents’ (or guardians’) consent you have to
be over 21 years of age. This is because once
you reach 21 years old you are an adult in the eyes of the law and legally responsible for
your own actions.
Fiji Carnal Knowledge Court Case: http://www.austlii.edu.au/fj/cases/FJC/1977/8.html