The preamble of the 1996 Constitution grants every person the right to life and to physical and moral integrity.
Section 296 of the Penal Code provides punishment against rape. It defines rape as any female compelled to have sexual intercourse with a man "by force or moral ascendancy." The section punishes rape as a felony with a penalty of five to 10 years imprisonment when victims are 16 and older. The rape victim must file a formal complaint at a police unit in order to start a case.
However, the jail term could increase to 15 to 25 years when the victim is under 16. Section 298 creates aggravating circumstances as it provides that imprisonment could be doubled or even be for life when offenders have authority over or custody of the victims by law or by custom, are public servants or clergymen, or are assisted by one or more people. According to Section 346, whoever commits an indecent act in front of a child aged under 16 could receive a jail term of between two and five years or be fined with a sum from FCFA 20,000 to FCFA 200,000.
