Turkmenistan – Sexual Conduct Law

Overview

Turkmenistan’s laws reflect a mixture of Soviet legal heritage and current authoritarian moral policies. The Criminal Code criminalises non-consensual acts, regulates morality, and—uniquely in much of Central Asia—continues to criminalise same‑sex relations between men. Enforcement is strict, and foreign nationals are not exempt.

Age of Consent

The age of consent is 16 years. Sex with a person under this age is treated as a serious offence, with penalties similar to rape. There are no close‑in‑age exemptions.

Key Provisions & Punishments

• Rape (Art. 134): Up to 15 years’ imprisonment.
• Sex with Minors: Treated as statutory rape; penalties mirror rape charges.
• Same-Sex Relations (Art. 135): Criminalised; punishable by 2–5 years in prison; still enforced.
• Prostitution: Criminalised in all forms. Workers and clients risk fines or short imprisonment.
• Adultery / Morality: May be prosecuted under public morality provisions; inconsistent enforcement.

Public Morality & Decency

Public indecency, cohabitation without marriage, and conspicuous displays of affection can lead to administrative fines or criminal charges under “offences against morality.”

Stoning – Turkmenistan (back to index)

Subpage-style header, modelled after “Stoning – Afghanistan,” with a backlink.

Historic background (pre‑Soviet / Islamic jurisprudence)

In the territory of modern Turkmenistan, pre‑Soviet legal practice was influenced by Hanafi Islamic jurisprudence and customary norms (adat). Classical Islamic criminal law (hudud) prescribed:

• Stoning (rajm) for adultery by a married person (upon stringent evidentiary rules or confession).
• Flogging for fornication (zina) by an unmarried person.
• Flogging for false accusation of adultery (qadhf), among other offences.

These penalties reflected religious doctrine rather than a unified codified state penal code. Local enforcement varied by time, ruler, and community, and records indicate that application was uneven and often constrained by high evidentiary thresholds.

Soviet abolition and modern law

• 1917–1920s: Bolshevik rule abolished religious courts and corporal/Capital punishments rooted in sharia and adat.
• 1920s–1991: Soviet criminal codes applied; stoning and judicial flogging were not lawful punishments.
• 1991–present: Independent Turkmenistan’s Criminal Code does not authorise stoning, flogging, or other corporal/Capital punishments for sexual offences. Sentences are terms of imprisonment, fines, or restrictions of liberty as defined by statute.

Is any “old” punishment still applied today?

• Legally: There is no legal basis for stoning or judicial flogging in Turkmenistan’s current criminal legislation. Courts sentence imprisonment/fines per the Criminal Code.
• In practice: Human-rights reporting mentions ill‑treatment and coercion in detention, but that is extra‑legal abuse, not codified punishment. Public floggings or stonings are not part of the formal penal system.
• Regional contrast (today): Some neighbouring or nearby jurisdictions have reported de facto corporal punishments (e.g., Taliban‑controlled Afghanistan has conducted public floggings/executions). Turkmenistan, however, does not legally impose stoning/flogging under its current code.

Historical & Cultural Context

Under Soviet rule, homosexuality was criminalised; Turkmenistan retained these provisions after independence. Unlike Kazakhstan or Kyrgyzstan, which repealed such laws, Turkmenistan continues to imprison men for consensual same‑sex activity. Traditional Islamic values also inform restrictions on adultery and public morality.

Regional Comparison

Insider & Academic Commentary

“Turkmenistan’s laws criminalising homosexuality are a remnant of the Soviet period, and unlike most of Central Asia, they are still enforced.” — Human Rights Watch

“Morality-based laws are used flexibly by authorities, often for political or social control.” — Academic analysis, Central Asia Review