BY ILYANA Sithole, Zimba Wave Media,HARARE
In October 2023, Bulawayo High Court judges Justice Dube-Banda sitting with Justice Kubasa made a ruling to overturn a judgement, conviction and sentence due to the fact that the accused had pled guilty to a crime with non-existent laws.
As of 23 May 2023, children between the age of 12 to 18 had been exposed to predators as prey. There was no law protecting them from sexual abuse.
Given the set of facts, President Munangagwa enforced the Presidential Powers (Temporary Measures) Act to put in place Statutory Instrument (S.I) 2 of 2024; the Presidential Powers (Temporary Measures)(Criminal Laws (Protection of Children and Young Persons)) Regulations 2024. The Presidential Powers (Temporary Measures) Act [Chapter 10:20], gives the President maximal power to make whatever constitutions deemed necessary to manage a situation that needs to be addressed as a matter of urgency in the “interests of defence, public safety, public order, public morality, public health, the economic interests of Zimbabwe or the general public”.
In the recent development, the age of consent was pushed from 16 to 18 so as to align with the age of marriage. The law highlights that anyone below the age of 18 and before attaining 18 cannot consent to any type of sexual activities because they are children. Therefore, indulging in sexual activities with a boy or girl under the stipulated age potentially have one imprisoned for a maximum period of 10years or pay a level 12 fine.
On the 11th of January, Women for Economic and Social Empowerment presented a petition to Parliament in the hopes of evoking an immediate law that would protect minor from sexual exploitation. There was evident joy from organizations fighting for children as Hope for Children & Youth Foundation posted on X saying “this is a milestone in the protection of minors from all forms of sexual abuse”.
The law also clarifies that intercourse or indecent acts with a minor under the age of 12 is rape if the child is a girl and aggravated indecent assault in the case of a boy.
There is only one acceptable defence if someone has sexual relations with a minor, that is, if the alleged perpetrator is able to prove beyond reasonable doubt that they were made to believe that the person was over 18. Physical appearances or sexual maturity will not be accepted.
It also waivers prosecution when those involved in the matter are both teenagers and less than three years apart or an 18 year old with an adult who is technically 3 years older.
Regardless the loophole, a sigh of relief has now been taken by different stakeholders in the matter. Prosecutor Generals can now lay charges on abusers of children and fully apply the law without being limited to exercise their powers.
