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According to Article 345 [s amended by Legislative Decree n.

7, 1985] The penalty of imprisonment for a term not exceeding twenty years will be the punishment for anyone who has sex with a woman who is more than 14, but has not yet reached the age of sixteen, with consent.

Prior to 2012 there was a presumption that a male minor under 14 could not consent to sexual intercourse under any circumstances.

The law was changed after a 13-year-old boy attacked a 5-year-old girl at a Chai Wan hospital ward; the prosecution was unable to convict him of rape, instead only able to do so for indecent assault.

In case of repeat offenses, the maximum punishment term shall be applied.