The age of consent in Iraq is 18. Under Articles 393 and 394 of the Penal Code (Law No. 111 of 1969), any sexual contact with a person younger than 18 is a criminal offense, and the younger person’s apparent agreement is not a defense. A separate statute, the Personal Status Law, lets a judge authorize marriage from age 15, and once a marriage is lawfully registered the penal code’s consent rules no longer govern conduct inside it.
What the Penal Code Prohibits
Iraq treats 18 as a bright line. There is no close-in-age exception and no graduated scale based on how far apart the parties are in age. An adult who has sexual contact with a 17-year-old faces the same category of criminal liability as one who targets a much younger child, though sentencing can vary with the circumstances of the offense.
Because consent is legally impossible below 18, the prosecution’s central factual question is the victim’s age, established through birth records and civil documentation. Whether the minor said yes, or appeared willing, does not enter the analysis.
When Marriage Changes the Picture
The Law of Personal Status (Law No. 188 of 1959) sets the general marriage age at 18 in Article 7, requiring both parties to be sane and to have reached that age for a valid contract.1American Bar Association Iraq Legal Development Project. Law No. 188 of 1959 Personal Status Law Article 8 then opens two judicial pathways for a minor of at least 15:
- Under Article 8(1), a 15-year-old can petition the court directly, and the judge may authorize the marriage on a finding of eligibility and physical ability, with the legal guardian’s consent.
- Under Article 8(2), a judge may authorize the marriage on a finding of urgent necessity, provided the minor has reached puberty and demonstrates physical capacity.
Both routes require a judge to independently assess the minor’s readiness before granting permission.1American Bar Association Iraq Legal Development Project. Law No. 188 of 1959 Personal Status Law Once a court authorizes and registers the marriage, the union is treated as lawful, and the age-of-consent provisions in the Penal Code do not reach conduct within it.
The Kurdistan Region applies its own version of the law. Under Law No. 15 of 2008, the Kurdistan Regional Government raised the minimum age for court-authorized minor marriages from 15 to 16. A 16-year-old may petition if the judge finds eligibility and physical ability and the guardian either consents or offers no valid objection. The standard marriage age remains 18. Kurdistan’s penal provisions on sexual offenses largely mirror the federal Penal Code, though enforcement practices can differ.
How the 2025 Amendment Affects the Minimum Age
An amendment to the Personal Status Law took effect on February 17, 2025. Couples entering a marriage contract can now choose whether the original 1959 law or a new Personal Status Code developed under Shia Ja’afari jurisprudence, known as a mudawana, will govern their marriage, divorce, child custody, and inheritance. Once chosen, that framework cannot be switched later.
Early drafts drew concern that the mudawana might lower the marriage age to nine. The final text specifies that the minimum marriage age under the mudawana cannot fall below what the Personal Status Law already permits, keeping the floor at 18 generally, or 15 with judicial authorization and proof of maturity and physical capacity.2OHCHR. Experts of the Committee on the Rights of the Child Praise Iraq’s Child Rights Strategy, Raise Questions International observers continue to watch how the mudawana applies in practice.
Penalties for Sexual Offenses Against Minors
Article 393 originally set the maximum penalty for rape at 15 years’ imprisonment. In 2003, Coalition Provisional Authority Order No. 31 raised the maximum for Article 393 offenses to life imprisonment, defined as the remaining natural life of the convicted person, and removed the maximum-sentence limitation that had applied under Paragraph 87 of the Penal Code.3Coalition Provisional Authority. Coalition Provisional Authority Order Number 31 Modifications of Penal Code and Criminal Proceedings Law
Aggravating factors push sentences higher. When the offender holds authority over the victim, such as a guardian, teacher, or employer, or when the victim is very young, courts have wider latitude to impose the harshest available penalties. Separate amendments authorize the death penalty for rape in certain circumstances, with those conditions set out in Revolutionary Command Council decisions rather than the 1969 code text itself. A conviction also brings permanent criminal-record entries, restrictions on government employment, and heavy social consequences.
Article 398 and the Marriage-to-Victim Escape
Article 398 of the Penal Code allows an offender convicted of rape, sexual assault, or indecent assault to have the proceedings halted or the sentence voided if he lawfully marries the victim. Once the marriage takes place, any ongoing investigation is discontinued and any existing conviction is set aside.4OHCHR. UNAMI Iraq Rape Report
That protection is conditional. If the husband divorces the victim without legal justification within three years of the proceedings being halted, or if a court orders a divorce due to his wrongdoing in that window, the prosecution can resume and the original sentence can be reinstated. After three years, the escape becomes permanent. Article 398 remains in force as of 2026, despite repeated calls from Iraqi advocates and international human rights bodies for its repeal.
Article 409 and Honor-Related Sentence Reductions
Article 409 caps the sentence at three years for a husband who kills his wife upon finding her in a sexual act with another person, well below the standard penalty for murder.5OHCHR. Experts of the Committee on the Elimination of Discrimination against Women Commend Iraq on National Strategy for Iraqi Women Iraq’s government has stated that Article 409 applies regardless of the gender of the victim or perpetrator, and that premeditated killings receive the full penalty without the mitigating discount. The Sovereign Court has also ruled that women can benefit from the same reduction under the same circumstances.
This matters for age-of-consent cases because families who discover a sexual relationship involving a minor daughter sometimes respond with violence against one or both parties, and the reduced penalty lowers the legal cost of that response. The UN Committee on the Elimination of Discrimination against Women has pressed Iraq on when the mitigating provisions will be eliminated. Iraq has not committed to a timeline for repeal.