in sexual activities by stating in Article 334-335 bis that "Whoever violates morals by
inciting, promoting or facilitating, in order to satisfy the passions of another person,
debauchery, corruption or prostitution of a child of any sex is punishable by hard
labour. "
Child prostitution
223.The same Act includes provisions for the prevention of child prostitution.
224.Exploitation child prostitution is a criminal offense under the Penal Code which reads
as follows: "The sexual exploitation of a child of any sex for commercial purposes is
understood as the act by which an adult gets the services of a child for sex in return for
remuneration, reward, or compensation in kind or in cash paid to the child or a third
person or persons provided by Articles 334 to 335 bis of the Penal Code, with or without
the consent of the child.
225.Article 334 sets out the definition of a pimp and the relevant sentence while article
335 bis defines the sentences accompanied by aggravating circumstances if the
offense was committed by an organized gang or using torture or acts of barbarity.
226.For a better prevention and protection of children, Act No. 2007-038 of 14 January
2008 on trafficking and sexual tourism provides for specific measures:
- The criminalisation and repression of failure to report, by enacting that will be
considered as an accomplice a person who knows the existence of pimping,
sexual exploitation and sex tourism involving minors, and has not reported the
matter to the appropriate authorities..
- An exemption concerning the starting point of the elapsing period for public
prosecution, which begins to run only from the majority of children 18 years.
- Exclusion of the benefit of suspended sentences for offenses relating to
trafficking, sexual exploitation, sex tourism and incest committed against a
child.
- The inapplicability of the bail process while prosecuting offenses related to
trafficking, sexual exploitation, sex tourism and incest committed against a
child.
227.In 2011-2012, the study conducted by the NGO " Groupe Développement " on child
prostitution in the cities of Antananarivo, Mahajanga and Nosy Be, showed that
children's entry age group into prostitution in these three areas is 13 to 17 years.
228.The survey results have identified that 56% of the cases mentioned financial
reasons for engaging in prostitution, and 85% of respondents said they wanted to get
out of prostitution. In the case of Antananarivo, child prostitution was mostly linked to
reasons of survival (57% of survival sex, 56% of these girls live in the slums of the
capital).
229.According to the Vice squad and Minors Protection Police (PMPM) of Antananarivo,
36