Expanding the close-in-age defence to criminal charges for consensual sexual activity between adolescents in Rwanda

Abstract

This paper interrogates the criminalization of adolescents with a difference of, at most, three years in age who had a consensual sexual relationship vis-a-vis the protection of the best interests of the child and victim. It argues that punishing an 18-, 19-, or 20-year-old who has been in a consensual sexual relationship with a partner who is three years younger (15, 16, 17, respectively) cannot be justified as necessary to protect that young juvenile from the harm and risks of sexual relationship and cause harm to suspect, victim and child born in that relationship. It argues that the close-in-age defence should entail that Rwandan law avoids criminalizing consensual sexual activity between young persons with a gap between them of, at most, three years. To ascertain what should be done to improve the situation, it employs a doctrinal approach and a comparative study to find out how other countries have dealt with the issue at hand.