Chronicle Editor
Thandeka Moyo-Ndlovu, [email protected]
CHILD rights activists and legal experts have hailed President Mnangagwa for using his powers under the Presidential Powers (Temporary Measures) Act to gazette the law which criminalises initiating or having any sexual or indecent relations with anyone under the age of 18.
They said the new law will help reduce child abuse in Zimbabwe.
The issue of the age of consent has generated a lot of debate in the country in light of an increase in pregnancies involving minors and the prevalence of sexual abuse cases. The county is facing a serious problem of sexual abuse, with more than 8 500 cases reported from January to September in 2023.
The victims include children, women and people living with disabilities, who suffer physical, emotional and psychological trauma as a result of the heinous acts.
Last week, President Mnangagwa invoked the Presidential Powers Act to amend the Criminal Law (Codification and Reform) Act, which will see paedophiles serving up to 10 years in prison for having sex with persons below 18 years including those who traffic them to foreign countries to engage in sex work.
While the Constitution defines children as those below the age of 18, the Criminal Law (Codification and Reform) Act before its amendment, defined a young person as one who is below 16, thereby creating a gap in the law, which would possibly expose children above 16 to sexual exploitation.
According to the Statutory Instrument, there shall be no defence to a charge of sexual intercourse or performing an indecent act with a young person to prove that he or she consented to such sexual intercourse or indecent act.
In an interview, the acting Deputy Prosecutor-General for the western region Mrs Rosa Takuva said the new regulation will protect children from predators who for a long time escaped the wrath of the law due to delays in aligning the law to the Constitution.
“In essence, this new law means anyone who initiates sex or has any sexual or indecent relations with anyone below the age of 18 will be committing an offence. I think there will be a need to conscientise society that the bracket has increased and no one should be caught unawares,” she said. “Even children need to know that those below 18 are now covered by this law hence we do not expect anyone to be found wanting. There is a lot that is going to change legally and socially and people must accept that it’s no longer business as usual.”
Mrs Takuva said adults, religious sects, or any community that condones or participates in child marriages will be prosecuted.
“Such relationships should not be allowed to flourish, the bracket has been expanded and we hope that soon we will be able to address the loopholes so that we know how to deal with those who had sexual relations with the minors before the SI,” she said.
According to the United Nations Children’s Fund (Unicef) in Zimbabwe, available data suggest that the country has over a third of girls experience sexual violence before the age of 18. For most of these girls, the perpetrators are intimate partners.
“Sexual violence on children has a significant impact on girls and boys who experience it. The effect is both physical as well as psychological. It can impact education, create mental disorders and jeopardise a healthy sexual life at a later age,” said Unicef.
Unicef said sexual violence can lead to an early pregnancy when the girl is not mentally and physically ready to give birth or take care of a baby.
“Early pregnancies often lead to child marriage and school dropouts, disallowing girls from developing their full potential,” said the UN agency.
Unicef applauded President Mnangagwa for gazetting the new law and called on the Government to also continue to invest in the prevention of sexual abuse of children and support to victims.
“With the legislation passed raising the age of consent to 18 years, Zimbabwe has taken a new step in dealing with sexual abuse of children, which remains too often silent. The time has come to put it to an end,” said Unicef.
Local child activist Ms Patricia Tshabalala said the SI will go a long way in deterring men who still find pleasure in bedding minors.
“I would like to commend the move taken by President Mnangagwa to safeguard the rights of our children by imposing deterrent sentences for those who engage in sex with minors. For years we have been struggling to have justice prevail due to legal loopholes, but now we are happy as sex predators will be brought to book,” she said.
“I wish the sentence could have been 15- 20 years so that these abusers go away for a long time because they have been haunting our communities for a long time.”
Lawyer Mr Shepherd Chingarande of Sansole and Senda Legal Practitioners said the legislation was long overdue.
“The law will maintain specific social order goals as the specific legislative intent of the law is to protect children from potential sexual predators. The law is also likely to reduce teenage pregnancy since the risks associated with teenage pregnancy are well-documented,” he said.
Mr Chingarande said the new law will help destroy the vicious cycle of poverty created by these teenage pregnancies.
Online Reporter