Stakeholder Summary >> Malawi, Review Documentation, 36th Session, May 2020

JS8 stated that pursuant to section 138 of the Penal Code, it was an offence to have sexual intercourse with a girl under the age of 16 years. The lack of exceptions for child offenders, meant that consensual sex between adolescents were also criminalized. Consequently, many boys, some as young as 15 years of age, have been convicted under section 138. According to JS8, the criminalization of consensual sex between adolescents was contrary to the best interests of these children. [Para 39]