Timor-Leste – Sexual Conduct Law
Age of consent, penalties, and historical practices
📜 Penalties at a Glance – Timor-Leste
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Penal Code Art. 172) | 5 years | 20 years |
| Sexual Coercion / Assault | 2 years | 12 years |
| Sex with Minor under 17 | 3 years | 10 years |
| Sex Work – Soliciting | Fine | 3 years |
| Brothel-keeping / Pimping | 2 years | 8 years |
| Public Indecency | Fine | 3 years |
Overview
Timor-Leste’s sexual conduct laws are contained in the Penal Code of 2009. Influenced by Portuguese legal traditions, they focus heavily on the protection of minors, prevention of sexual violence, and upholding public morality. Unlike some neighbors, Timor-Leste has no legal framework for sex work—it is entirely criminalised.
Age of Consent
The legal age of consent is 17 years. Any sexual activity with a person under this age is an indictable crime. Prosecutors do not allow “close-in-age” exceptions, though mitigating circumstances can affect sentencing.
Key Provisions & Punishments
- Rape (Art. 172): Up to 20 years imprisonment for aggravated cases.
- Sexual Coercion (Art. 171): Using threats or abuse of authority carries up to 12 years.
- Sex with a Minor: Up to 10 years imprisonment.
- Sex Work: Criminalised in all forms—no “one-woman” legal exception as in Hong Kong.
- Same-Sex Acts: Not explicitly criminalised, but subject to public morality laws; no anti-discrimination protection in practice.
Public Morality & Decency
Articles on “offending modesty” and “indecent exposure” provide wide discretion to police. Charges may apply for semi-public encounters (cars, beaches, or hotel balconies).
Historical Context
During Indonesian rule (1975–1999), sexual offences were prosecuted under Indonesian law, including harsh penalties and occasional reports of corporal punishment. With independence, Timor-Leste adopted a modern penal code influenced by Portugal, abolishing such practices. However, traditional community justice in rural areas sometimes imposed public shaming or exile for extramarital relations well into the 2000s.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Timor-Leste | 17 | 5–20 years | Illegal | Legal, but socially restricted |
| Indonesia | 16 (18 for women) | Up to death penalty in Aceh | Illegal, Sharia in Aceh | Criminalised in Aceh |
| Australia (NT) | 16 | Up to life | Legal, regulated | Legal; protections |
| Philippines | 16 | Up to life | Illegal | Legal; protections |
🚫 Common Tourist Mistakes
- Assuming sex work is tolerated: it is fully illegal and police occasionally conduct raids.
- Engaging in sexual activity with someone under 17—even consensual—leads to prison.
- Public intimacy on beaches or in cars risks indecency charges.
- Believing same-sex relations are openly accepted: while not illegal, stigma remains strong.
Insider & Academic Commentary
“Timor-Leste’s laws are protective of youth, with one of the region’s highest ages of consent.” — Legal researcher, Dili
“Sex work is not tolerated in any form, unlike in Hong Kong or Macau.” — NGO worker
References
Government of Timor-Leste. (2009). Penal Code.
Human Rights Watch. (2016). Justice in Timor-Leste.
UNFPA. (2020). Sexual and Reproductive Health in Timor-Leste.