What is consensual sex?
Consensual sex is when both partners consent or agree to having sex. In order to consent, a person must have the capacity to consent, which means they are not mentally disabled, under the influence of drugs or alcohol and are of legal age to be able to consent. In Fiji, the legal age of consent is 16. (As per Crimes Decree #44 of 2009).
What is rape or sexual assault?
Sexual assault is any sexual action against you performed without consent. It can include kissing, touching in a sexual manner, sexual intercourse or oral sex. If anyone touches you in a way that makes you feel uncomfortable, you should run away and report the matter to an adult, your family or the police (call 911). Medical Services Pacific is a confidential organisation that can also help, and you can give them a call on 363 0108 or free call the child help line 1325.
“I’m 15 and my boy friend is 16. We want to have sex, but the law says I have to be 16 to consent. Is this true?” Yes.
The law in Fiji states that a person must be 16 years or older to consent to sex. That means that if you are under the age of 16, the law determines that you are too young to consent to sex. If you do have sex it would be deemed ‘non-consensual sex’ – it means both you and your partner could be charged with a sexual offence.
IT’S OK TO SAY NO TO SEX
It is absolutely your decision and your decision alone when you want to have sex. No one has the right to force or pressure you to have sex with him or her if you don’t want to. Remember: forcing someone to have sex is a crime. Sec should be an enjoyable experience, and not something that you feel bad about. You do not need sex to keep a boyfriend or make a relationship work better.
always practice safe sex
use a condom
Note: The Family Law Act and the Child Welfare Decree 2010 can sometimes supersede the crimes decree in special cases. It determines a child as under 18 years. For further information, email us at help@msp.org.fj or legal.aid@msp.org.fj. You can call us free on 1325.