adminAuxilia Katongomara Chronicle Reporter
MAGISTRATES have the power to sentence sex predators who molest young children to a minimum of 10 years imprisonment, the Attorney-General Prince Machaya said yesterday.
There has been concern over the age of consent in the country with paedophiles getting away with lesser sentences such as community service for sex crimes.
Machaya yesterday told The Chronicle that although young persons over 12 but below 14 years can consent to sex, offenders can be charged with lesser offences of having sexual intercourse or an indecent act with a young person.
“Young persons between 14 years and 16 years are capable of giving consent, but their consent is not a defence for the lesser charges of having sexual intercourse or performing an indecent act with a young person.
The lesser offences attract a fine not exceeding level 12 or imprisonment for a period not exceeding 10 years, or both such fine or imprisonment,” said Machaya.
The AG said the country’s law states that a young person of 12 years is incapable of consenting to a sexual act.
“In terms of section 63 and 64 of the Criminal Code which deal with the issues of young persons and sexual offences, a young person of 12 years or under is presumed to be incapable of consenting to a sexual act,” said Machaya.
He added: “For a young person over 12 years but below 14 years, there is a rebuttal presumption that they can give consent, and if such consent exists then the offender might not be charged with rape, aggravated indecent assault or indecent assault, but will be charged with the lesser offences of having sexual intercourse or performing an indecent act with a young person”.
The AG, however, could not say whether the country would re-align these laws in line with provisions of the new constitution.
The Chronicle has shown how Zimbabwe’s courts have progressively lowered the age of consent to 12 years from 16, with child abusers being released back to the community with a simple ticking off.
Further investigations have shown that magistrates are exposing children to further abuse by sending child sex predators to perform community service at primary schools.
Activists and MPs have demanded answers from the Justice Ministry, arguing that the country’s judiciary was commiting genocide through lenient sentences which allow paedophiles to target children with the real risk of infecting them with HIV/Aids.
Online Reporter