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Mash Central Bureau
Bindura regional magistrate Mrs Sandra Mupindu has called for the alignment of the Criminal Law (Codification and Reform) Act to the Constitution after it emerged that 12 years had remained the age of consent to sexual intercourse.

Speaking at Sexual Reproductive Health Right (SRHR) meeting for adolescents organised by Justice for Children Trust and SRHR Africa Trust recently, Mrs Mupindu said there is no harmony between the Constitution and the Criminal Law (Codification and Reform) Act and there is still need to increase the age of consent to 16 years.

She added that there are inconsistencies and gaps in the law with the 16-year-olds and those who are below 18 years not being protected by the Criminal Law (Codification and Reform) Act.

“Section 78 of the Constitution describes a child as a boy or girl under the age of 18. The Criminal Law (Codification and Reform) Act uses the term young person to describe children above 12 years and below 16,” she said

“Is there a distinction in referring to children between the supreme law of the land which is the Constitution and the statutory Act? Was it deliberate not to use the word children, referring to them as young person in the process exposing so they can be taken advantage of?

“Criminal Law (Codification and Reform) Act Section 64 is saying a boy or girl above 12 years and below 16 years can consent to sexual intercourse.

“When consent is proved in court the preferred charge will be having sexual intercourse with a young person, which is a lesser charge.

“There is no offence for a boy and a girl above 12 years and below 16 years who have sexual intercourse unless there is a report from a probation officer.

“There is an age ground that is not covered in the statutory act, 16 years and below 18 years.

“There is no charge for this age group but according to the Constitution they are still children and of the school going age.”