# Sexual offences laws in Somaliland and Somalia > The history of rape and sexual offences laws in Somaliland (Law No. 78/2018 and Bill No. 78/2020) and in federal Somalia (the 2018 Sexual Offences Bill, the 2020 draft and the bill passed by the House of the People in October 2026). Source page: https://calankii.com/en/government/sexual-offences-laws/ Last checked: 2026-11-13 Publisher: Calankii (https://calankii.com) ## What laws cover rape in Somaliland and Somalia? Before 2018 neither [Somaliland](/en/states/somaliland-1991-to-2026/) nor federal Somalia had a stand-alone law on rape. Cases fell under the old Somali Penal Code, which NPR reported refers to sexual offences only as "carnal violence" and "acts of lust" ([NPR, 30 January 2018](https://www.npr.org/sections/goatsandsoda/2018/01/30/581552354/somaliland-debates-a-tough-new-penal-code-for-rape-and-sexual-offences)). Since then both governments have drafted new laws, and the texts have changed several times. ## Somaliland: the Rape and Sexual Offences Law, 2018 The **Rape and Sexual Offences Bill**, in Somali *Xeerka Kufsiga iyo Ku Xadgudbka Jinsiga*, was passed by Somaliland's House of Representatives in January 2018. NPR, citing VOA, reported that 46 of 51 members present voted for it ([NPR](https://www.npr.org/sections/goatsandsoda/2018/01/30/581552354/somaliland-debates-a-tough-new-penal-code-for-rape-and-sexual-offences)). Civil society groups had worked with the House on the text since 2013 (same source). President [Muse Bihi Abdi](/en/people/muse-bihi-abdi/) signed it into law in August 2018 ([openDemocracy](https://www.opendemocracy.net/en/5050/somaliland-rape-law-backlash/)), and it became **Law No. 78/2018** ([Somaliland Sun](https://somalilandsun.com/the-somaliland-rape-and-sexual-offences-act-law-no-78-2018)). SIHA described its passage as historic ([SIHA](https://sihanet.org/gender-alert-a-historic-passage-of-the-sexual-offences-bill-in-somaliland)). As described by NPR at the bill stage, the text: - set prison terms of 15 to 20 years for rape, 18 to 22 years where the victim is under 15, and life where the attacker infects the victim with HIV; - set punishments for trafficking, gang rape, attempted rape, forced marriage and unwanted touching; - barred an accused person from using the victim's sexual history as evidence; and - required the Supreme Court and the National Judiciary Committee to train judges in sexual offences cases. After it was signed, the law faced opposition and was suspended. The Minister of Religious Affairs promised a review ([Somaliland Chronicle, 1 October 2018](https://somalilandchronicle.com/2018/10/01/somaliland-rape-and-sexual-offences-bill-claims-its-first-political-casualty/amp)). ## Somaliland: Bill No. 78/2020 On 25 August 2020 the House of Representatives approved a new text, the **Rape, Fornication and Other Related Offences Bill No. 78/2020**, which was drafted to replace the 2018 law ([Somalilandlaw.com, Criminal law](http://www.somalilandlaw.com/criminal_law.html)). openDemocracy reported that religious leaders were behind the new version and that, in its words, it "permits child marriage"; it also wrote that survivors of sexual violence were left "in legal limbo" ([openDemocracy](https://www.opendemocracy.net/en/5050/somaliland-rape-law-backlash/)). SIHA and partners called for the 2018 law to be revived ([SIHA joint statement](https://sihanet.org/joint-statement-the-sexual-offences-bill-must-be-urgently-revived)). The sources found for this page do not state that the 2020 bill completed all steps to become law. For the full list of numbered Somaliland laws, see [Laws of Somaliland](/en/government/laws-of-somaliland/). ## Federal Somalia: the Sexual Offences Bill, 2018 The federal Council of Ministers unanimously endorsed a **Sexual Offences Bill** in 2018 and sent it to Parliament. It was developed with ministries, religious leaders and civil society. In 2019 the bill was returned to the Cabinet, and a later motion in the House of the People to bring it back for a first reading was not considered ([UN Somalia, 11 August 2020](https://somalia.un.org/en/87142-somalia-draft-law-%E2%80%98major-setback%E2%80%99-victims-sexual-violence)). ## Federal Somalia: the Sexual Intercourse Related Crimes Bill, 2020 In August 2020 a different draft, the **Sexual Intercourse Related Crimes Bill**, was put before the House of the People. The UN High Commissioner for Human Rights, Michelle Bachelet, urged lawmakers to reject it and said its provisions "constitute serious breaches of international human rights norms". The UN reported that the draft allowed minors to marry based on reproductive maturity, independent of age ([JURIST](https://www.jurist.org/news/2020/08/un-rights-chief-urges-somali-lawmakers-to-reject-bill-legitimizing-child-marriage/); [Scoop, OHCHR statement](https://m.scoop.co.nz/stories/WO2008/S00089/un-high-commissioner-for-human-rights-on-draft-sexual-intercourse-related-crimes-law-in-somalia.htm)). The UN Special Representative on Sexual Violence in Conflict, Pramila Patten, called on Parliament to withdraw it and said it would be a "major setback in the fight against sexual violence" ([UN Somalia](https://somalia.un.org/en/87142-somalia-draft-law-%E2%80%98major-setback%E2%80%99-victims-sexual-violence)). A UN fact sheet of November 2025 stated that the draft then under discussion did not include lack of consent in its definition of rape ([UNSOM fact sheet](https://admin.unmissions.org/sites/default/files/2025-11/ENDING_SEXUAL_VIOLENCE_FACTSHEET%20ENG.pdf)). ## Federal Somalia: the bill passed in October 2026 On 14 October 2026 the House of the People passed a bill on rape and sexual crimes. [Dawan](/en/society/somaliland-newspapers/) named it the **Rape and Indecency Crimes Bill** ([Dawan](https://www.dawan.africa/news/somalias-lower-house-passes-rape-and-indecency-crimes-bill)). The Rio Times named it the **Sexual Offences Bill**, reported a vote of 132 to 3, and said the bill still needed the Upper House and the President before becoming law, and that its final text had not been published ([Rio Times](https://www.riotimesonline.com/somalia-sexual-offences-bill-2026/)). ## Names used for each text | Place | Year | Name | Number | Stage reported | |---|---|---|---|---| | Somaliland | 2018 | Rape and Sexual Offences Law | 78/2018 | Signed August 2018, then suspended | | Somaliland | 2020 | Rape, Fornication and Other Related Offences Bill | 78/2020 | Approved by House of Representatives | | Somalia | 2018 | Sexual Offences Bill | none | Endorsed by cabinet, returned 2019 | | Somalia | 2020 | Sexual Intercourse Related Crimes Bill | none | Tabled in House of the People | | Somalia | 2026 | Rape and Indecency Crimes Bill / Sexual Offences Bill | none | Passed by House of the People | Sources: as cited in each section above. --- I want to help with this: email hello@calankii.com. Fix this page: email hello@calankii.com with the page link and your source.