Cap. 9 Art. 203Defilement of persons under sixteen (16) years of age.

(1) Whosoever, by lewd acts, defiles a person who has not completed the age of sixteen years, shall, on conviction, be liable to imprisonment for a term from four to eight years:

Provided that the offence shall be punishable with imprisonment for a term from six to twelve years, where any one or more of the circumstances results:

(a) if the offence is committed on a person who has not completed the age of twelve years, or with violence, be it physical or psychological;

(b) if the offence is committed on a person who has not completed the age of sixteen years by means of threats or deceit;

(c) if the offence is committed by any ascendant by consanguinity or affinity, or by the adoptive parents, or by the tutor, or by any other person charged, even though temporarily, with the care, education, instruction, control or custody of the person who has not completed the age of sixteen years;

(d) when the offender abuses of a recognised position of trust, authority, influence or during his duties as a professional in the possession of an official qualification and, or warrant to practice as counsellor, educator, family therapist, medical practitioner, nurse, pathologist, psychiatrist, psychologist, psychotherapist, social worker and, or youth worker over the person who has not completed the age of sixteen years and one of the circumstance referred to below occurs:

(i) the offender wilfully or recklessly endangered the life of the person who has not completed the age of sixteen years;

(ii) the offence involves violence or grievous bodily harm to such person;

(iii) the offence is committed with the involvement of a criminal organisation within the meaning of article 83A(1).

(1A) When the act is consensual between peers who are close in age and in the level of development and provided that the acts do not involve physical and, or psychological abuse, the punishment shall be decreased by one or two degrees.

(2) The provisions of article 197(5) shall also apply in the case of an offence under this article, when the offence is committed by any ascendant or tutor.

(3) Provided that where the injured party withdraws his complaint, the Court may decide and direct the continuation of proceedings against the alleged perpetrator, giving particular consideration to the best interests of the complainant, any person under the age of sixteen (16) involved, and any other relevant third parties, and shall cause such request and decision to be registered in the records of the case:

Provided further that proceedings shall be instituted ex officio when the act is committed with abuse of parental authority or of tutorship.