Abstract
This article was first presented as a paper at the Colloquium on Adolescent Sexual Rights convened by the Centre for Human Rights, University of Pretoria.
Highlights
Countries that maintain colonial age of consent provisions, including Malawi, have uncritically assumed that these laws serve the purpose of protecting girls and children from harm
On 1 April 1930, Malawi enacted its current Penal Code[1] which was based on the Colonial Office model code drafted by Albert Ehrhardt, which he based on the Nigerian Code of 1916, itself based on the Queensland Code of 1899.2 Section 138 of the Penal Code, the ‘defilement provision’, restricts boys and men from sexually accessing girls below a specified age
The age of consent was 13 years, but in 2000 the Malawi Law Commission recommended that it be raised to 16 years.[4]
Summary
During colonisation Malawi received a Western penal code, which included the ‘defilement’ provision, restricting males from sexually accessing girls below a specified age. Countries that maintain colonial age of consent provisions, including Malawi, have uncritically assumed that these laws serve the purpose of protecting girls and children from harm. The article submits that these provisions serve the interests of adults and not those of children. They are inherently heterosexist, promote gender-stereotypical meanings of sexuality and potentially stigmatise the normative development of sexuality in children.
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