Cap. 9 Art. 204CParticipation in sexual activities with persons underthe age of sixteen.

(1) Whosoever takes part in sexual activities with a person who has not completed the age of sixteen years shall, on conviction, be liable to imprisonment for a term from five to ten years.

(2) The punishment for the offence in sub-article (1) shall be increased by one or two degrees if any one or more of the following circumstances results:

(a) if the offence is committed on a person who has not completed the age of sixteen years with violence, coercion, force or threats;

(b) where money or other forms of remuneration or consideration is given as payment in exchange for a person who has not attained the age of sixteen years taking part in sexual activities; or

(c) 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).

(3) 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.