Benin LGBT Laws

Age of Consent Legislation/Cases/References
1. National

Benin has a higher age limit for homosexual acts. Since a 1947 amendment of article 331 of the Penal Code of 1877 the first paragraph of article 331 has fixed a general age limit of 13 for sex with a child of either gender, but the third paragraph has penalised any act that is indecent or against nature if committed with a person of the same sex under 21 [R1.1].

R1.1 ILGA: State-sponsored Homophobia 3.3MB, PDF (footnote 42) 15 MAY 13
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1. National

Consensual sex between same-sex couples is lawful [R1.2].

The draft Penal Code of 1996 – Article 88 provided –

“Anyone who commits an indecent act or an act against nature with an individual of the same sex will be punished with 1 to 3 years prison and a fine of 100,000 to 500,000 francs.” [R1.1].

However the code never became law [R1.2].

2. Courts & Tribunals

On 28 December 2016, Chief Magistrates, Mrs M.C. Ojobo in the Oredo Magistrates’ Court in Benin reportedly ordered the remand of two men, Paul Frank, 31, and Ejimofor Christian, 22, for allegedly committing an unnatural offence under Section 516, 214 (3), 217 (3) and 390 (3) of the criminal Code. The case until 04 January 2017 [R2.1].

R1.2 ILGA: State-Sponsored Homophobia PDF 3.3MB, 15 MAY 13
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
R2.1 DailyPost: Two men remanded over alleged homosexual act in Benin 28 DEC 16