Penal Code Act

The Penal Code prohibits abortion, rape, sexual contact with minors, indecent assault, incest, and bigamy outside of customary law. Abortion is an offence pursuant to the Penal Code Act. Only a registered medical practitioner may terminate a pregnancy if it is necessary to prevent significant harm to the woman’s health, the fetus will be severely disabled, or the woman became pregnant through incest or rape. An adult who has sexual intercourse with a child, defined as under 18 years old, commits an offence and the consent of the child is irrelevant. It shall be defence for this crime if the adult can prove that he or she had reasonable grounds to believe, and did so believe, that the child had attained the age of 18 years.

Topics

• Abortion and reproductive health rights
• Sexual violence and rape
• Statutory rape or defilement

Geographical location

• Africa
• Lesotho

Keywords

• criminal law and procedure
• polygamy

Year

• 2010

External URL

• Penal Code Act

Type

• Legislation

Jurisdiction

• Lesotho