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Trust Maanda
Post Correspondent
Seduction is a delict which is committed when a man induces a woman who is a virgin and who is not his wife, to have sexual intercourse with him.
The word seduction comes from the Latin word seducer, which means leading astray.
In the legal context, seduction is when an unmarried woman is led astray from the path of virtue by being enticed to have consensual sexual intercourse.
The law presumes that the woman is virtuous and the man is the trickster who tricks her into acceding to sexual relations with him.
A woman who is seduced has a right to claim and recover damages for seduction from the man.
Seduction damages are compensation for the loss of her virginity and impairment of her marriage prospects.
In order to succeed in the claim for damages for seduction, the woman must prove that she was a virgin at the time of sexual intercourse.
She must show that the man led her away from the path of virtue and deflowered her.
If the man denies seduction, the woman’s evidence has to be corroborated.
In other words, she should have other witnesses who can support that she was seduced.
Once the woman proves that she had sex with the man and that she was a spinster, then she is presumed to be a virgin.
The man can deny this by showing the woman’s prior sexual conduct.
He should show that she had sexual relations with other men before him.
A man can also deny that he seduced the woman if he can show that in fact, it was the woman who seduced him.
The guardian of a minor girl is the one who has a right to claim damages from the man who has seduced her.
If she is a major, however, at common law, the seduced woman may herself claim damages for seduction.
The legal age of majority is eighteen.
The guardian’s right to sue for seduction under customary law falls away when the girl attains the age of eighteen.
At customary law, the claim for seduction is made by the father of the child.
This is what is known as a claim for “damage” in a case where the man would have sexual intercourse with the woman before he paid Lobola.
At customary law, the delict of seduction is committed when a man seduces an unmarried woman, whether or not she is a virgin, who is not his wife.
The action for damages is brought by the father or guardian of the woman who is entitled to claim damages for reduction of the brideprice (roora).
In assessing the amount of damages, the court considers the following factors, among others.
The age of the woman: the younger she is, the more the damages she is awarded.
The court considers the character of the woman; the more decently behaved she is, the more the damages.
The other consideration is whether pregnancy occurred.
If it did, the damages also increase.
The other factor is the social standing of the parties; if the woman is of high social standing, the damages can be higher.
The number of times sex took place is another factor; the more times sex took place, the higher the damages.
If there was a relationship of trust between woman and the seducer, for example teacher and pupil, the damages will be higher.
If a child is born as a result of such seduction, the woman can claim lying-in expenses, which are expenses relating to the pregnancy, maternity and the child’s clothes, maintenance for herself before, during and after the pregnancy, and maintenance for the child.
If maintenance is claimed, and the man denies paternity, paternity will have to be established.
If the man admits to sexual intercourse, but denies paternity, the onus is on him to prove that he cannot be the father.
There are various arguments for and against retention of the delict of seduction.
Others have argued that the claim for loss of virginity is an old fashioned action and only maintenance should be claimed in the modern context.
They argue that the claim of seduction assumes that women have no equal bargaining power with men and that they are assumed not to exercise consent properly in matters of sexual relations.
They argue that if there was consent, where the woman exercised her autonomy, why should the man be regarded as a seducer?
Others say it discriminates against men in that they are the ones who are seen as seducers in a relationship.
Regardless of these arguments, seduction remains a delict in Zimbabwe.
Trust Maanda is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be reached at +263 772432646
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