Zimpapers Logo

The year 2015 marks the 24th year of the 16 Days of Activism against Gender based Violence Campaign initiated in 1991 and coordinated by the Centre for Women’s Global Leadership. The 16 Days of Activism are commemorated from 25 November 2015 to 10 December every year.

Part of ZWLA’s participation in the campaign has been to educate society on the various laws that protect survivors of violence and those that promote and protect the rights of women and children.

In this vein, this article serves to provide a brief outline of the provisions of the Criminal Code that speaks to the crime of rape and sexual crimes.

The Constitution of Zimbabwe Act 20:13 is the supreme body of law which protects the rights and safety of women.

In terms of the Constitution, some of the values and principles that Zimbabwe is founded on are fundamental human rights and freedoms; recognition of the inherent dignity and worth of each human being; and recognition of the equality of all persons. Sexual crimes usually impact on women and girls than they affects men and it is a serious violation of their dignity.

THE CRIMINAL LAW (CODIFICATION AND REFORM) ACT (the Criminal code)

This statute codifies criminal law in Zimbabwe.

It defines the offenses and lays out the essential elements of each offence, it then sets out the sentences where these offences are violated.

The following sections of the Criminal Code deal with the protection of rights and the safety of survivors of sexual crimes.

1. Rape (section 65)

This offence is committed when a male person has sexual intercourse or anal sexual intercourse with a female person without her consent, and with reasonable knowledge that the female person does not consent to the act.

A person found guilty of this offence may be liable to life imprisonment or any shorter period.

2. Aggravated indecent assault

(section 66)

This offence is committed when a person commits an act other than rape on another person involving the penetration of any part of her or his own body; without her consent, and with reasonable knowledge that another person does not consent to the act. For example forcibly using fingers to penetrate a vagina, or inserting a penis into someone’s mouth.

A person found guilty of this offence may be liable to life imprisonment or any shorter period.

3. Indecent assault (section 67)

This section protects persons from any act that involves physical contact that a reasonable person would consider an indecent act done without consent and with reasonable knowledge that the person does not consent to the act.

An act which is referred to in this section is not rape or aggravated indecent assault. For example, forcibly fondling the breasts of a woman.

A person found guilty of this offence may be liable to a fine or imprisonment for a period not exceeding 2 years, or both.

4. Sexual intercourse or performing indecent acts with young persons (section 70)

Where a male person engages in extra marital sexual intercourse or anal sexual intercourse, or physical contact that a reasonable person would consider indecent with a female young person, with knowledge that the young person is under the age of 16, will be found guilty of an offence, regardless of whether the young person consented to the act.

This was previously referred to as statutory rape.

A person found guilty of this offence may be liable to a fine or imprisonment for a period not exceeding 10 years or both.

Where the young person is below the age of 12, the offence shall be considered rape, aggravated indecent assault, or indecent assault, whichever is applicable.

This is because a child below the age of 12 has no capacity to consent.

5. Deliberate infection of another with a sexually transmitted disease (section 78)

Where a person, knowing that they are suffering from a sexually transmitted disease, or realizing that there is a risk that they may be suffering from a sexually transmitted disease, intentionally infects another with the disease or does anything realising a real risk of infecting that person with the disease, shall be guilty of deliberately infecting the person with a sexually transmitted disease.

A person found guilty of this offence may be liable to a fine or imprisonment for a period not exceeding 5 years or both.

6. Deliberate transmission of HIV

(section 79)

Where a person, knowing that they are suffering from HIV or realising that there is a risk that they may be suffering from HIV intentionally infects another with the virus or does anything realising a real risk of infecting the person with the disease shall be guilty of deliberately infecting the person with HIV.

A person found guilty of this offence may be liable to imprisonment for a period not exceeding 20 years.

7. Sodomy(section 73)

Any person who with the consent of another male person knowingly performs with that other person anal sexual intercourse or any other act involving physical contact other than sexual intercourse that would be regarded by any other person to be indecent act.

That person shall be guilty of sodomy and liable to a fine or imprisonment for a period not exceeding one year or both.

It is important to note that eradication of Gender Based Violence which is premised by the 16 days of Activism, will only be achieved when women enforce the rights that have been afforded them by the law. Zimbabwe Women Lawyers Association thus urge people across the nation of Zimbabwe to report any cases of gender based violence that they have experienced to the nearest police station.