LAWSSame-sex sexual acts are legal in Benin between consenting adults over the age of 21. The penal code in force in Benin is actually the Penal Code of French West Africa adopted by French colonial decree on 6 May 1877. A 1947 amendment to the Penal Code of 1877 fixed a general age limit of 13 for sex with a child of either gender, but penalized any act that is indecent or against nature if committed with a person of the same sex under 21: “Without prejudice to more severe penalties prescribed by the paragraphs that precede or by Articles 332 and 333 of this Code, shall be punished with imprisonment from six months to three years and a fine of 200 to 50,000 francs anyone who commits an indecent act or [an act] against nature with a minor…of the same sex under 21 years old.”
Article 88 of the 1996 draft Penal Code of Benin read “Anyone who commits an indecent act or an act against nature with an individual of the same sex will be punished by 1 to 3 years imprisonment and a fine of 100,000 to 500,000 francs.” This draft, however, was never voted into law.
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