SEXUAL OFFENCES IN FRANCOPHONE SUB-SAHARAN AFRICA:
Comparative law study France-Benin-Niger
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Sexual offences are not currently apprehended in Africa in the same way as they were before colonisation. They are no less part of the social facts. On the contrary, sexual behaviour that is deemed blameworthy is a topical issue in sub-Saharan Africa. However, criminal law in these countries is still marked, like the rest of their legislation, by a mimicry with the legislation of the former colonial power. This makes the history of these legislations difficult to establish. Unless they are constantly evolving in line with the aspirations of society, legislation remains static. Some laws formin...
Sexual offences are not currently apprehended in Africa in the same way as they were before colonisation. They are no less part of the social facts. On the contrary, sexual behaviour that is deemed blameworthy is a topical issue in sub-Saharan Africa. However, criminal law in these countries is still marked, like the rest of their legislation, by a mimicry with the legislation of the former colonial power. This makes the history of these legislations difficult to establish. Unless they are constantly evolving in line with the aspirations of society, legislation remains static. Some laws forming parallel provisions to the formal Penal Code are adopted with regard to sexual conduct.Under these circumstances, what is the meaning of sexual offences in the Beninese, Togolese and Nigerien contexts with regard to the former French Penal Code? In other words, what is the criminal understanding of sexual offences in sub-Saharan Africa? The best way to address this issue would be to conduct an in-depth review of the provisions of the criminal codes under review relating to sexual offences.
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