These two provisions are applicable when the offender is male and the victim is female. On the other hand, sub-article 2 of these two articles is applicable when male minors are victims and women are offenders. Accordingly, Article 626 (2)
One of the main rationales for the increase in the level of punishment is to deter the offender him/herself and others. This does not require the consideration of gendered conceptions rather the type of crime committed by the individual. Second, it is self-contradictory or a double standard to recognize the possibility for the commission of the crime by women and holding the traditional view at the same time.
However, the Criminal Code has included different conditions for criminally liability of individuals for statutory rape and imposes different penalties for similar acts on the bases of gender. The existence of differences regarding the penalties and the conditions giving rise for criminal liability depending on the gender of the defendant indicates the failure of the Criminal Code in providing equal treatment and equal protection to male and female minors.
The equality before the law perspective of equality must be seen from the statutory rape provisions of the Criminal Code from the offenders’ point of view. According to Article 626 (1) of the Criminal Code anyone who performs sexual intercourse with a girl child (between the ages of 13 and 18 years) or causes the latter to perform such an act with him, is punishable with rigorous imprisonment from three years to fifteen years.
