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Ms Muwanigwa

Abigail Mawonde Herald Correspondent
WOMEN’S groups, lawyers and organisations that work with children yesterday welcomed proposed amendments to the Criminal Law (Codification and Reform Act) (Chapter 9:33) on minimum mandatory sentences for rapists that will see such criminals jailed for up to 60 years, saying such measures were bound to arrest a surge in child abuse.

Government this week announced through the Minister of Information, Media and Broadcasting Services Dr Christopher Mushohwe that a sentence of 60 years imprisonment would be imposed for cases of rape of minors aged 12 years and under and the disabled.

It also proposed 40 years’ jail time for the rest of cases of rape or sodomy. In interview yesterday, women’s rights activist Mrs Virginia Muwanigwa said the move was in the right direction.

“The (mandatory) sentences for rape are very welcome. We have had cases of child sexual abuse getting light sentences such as community service. So, being specific about the sentence removes the possibility of cases being manipulated in the system. We have always talked of these issues having been regarded as trivial in some instances. However, focus should be on prevention since no amount of years of sentence to the perpetrator can heal the effects of rape to the victim. We should not lose sight on focusing on the need for prevention and also child protection,” she said.

Harare lawyer Ms Rumbidzai Zvimba said the decision would deter would-be offenders. “I think it is actually a move in the right direction as it will protect our children. It will then deter offenders from committing the crime. It is very disheartening to hear that a normal person has raped a three-month-old baby or a disabled person who is helpless, not to say it is justified on the able-bodied. I am sure if that Bill comes into effect offenders will be deterred from committing the heinous act,” she said.

Child rights advocates Mr Caleb Mutandwa and Ms Chinga Govhati said the judiciary must play ball. In a joint statement to The Herald, Mr Mutandwa and MS Govhati said: “Such a move should be well complemented by a judiciary that feels the same by passing sentences that reflect the seriousness of the offences.

“Our call therefore is for the courts to uphold constitutional provisions so that the public has confidence in the justice delivery system, are motivated to report cases of violation of children’s rights and are dissuaded from coming up with their own ways of seeking justice. Handing down fines as sentences to perpetrators of child abuse sends the wrong message that children are not people but commodities.”

But another legal expert, Advocate Daphine Sanhanga, begged to differ. “We welcome harsh sentences but they must be looked at within the context of human rights and the Constitution. I certainly think the ruling will not be constitutional considering that 60 years imprisonment is like a life sentence – it is equal to a death sen- tence.

“I agree there should be harsh sentences but there is need to have a more holistic approach. There is need to educate the society and raise awareness on the ills of sexually harassing or raping someone. A lot of awareness campaigns need to be carried out other than just focusing on slamming the perpetrators.

“There is also need to have the police trained effectively on investigations so they can present factual issues to the courts of law.

“Half-baked cases would risk the falsely accused serving harsh sentences. Hence in a nutshell a more holistic approach needs to be adopted on the matter,” she said.