Cabinet yesterday approved the proposed amendment of the
Criminal Law (Codification and Reform) Act to criminalise having sex with a
child who is 16 years of age as it seeks to protect children from sexual
exploitation in line with the Constitution..
While the Constitution defines a child as anyone below the
age of 18, the Criminal Law (Codification and Reform) Act identifies a child as
anyone below the age of 16.
Justice, Legal and Parliamentary Affairs Minister Ziyambi
Ziyambi yesterday presented the proposed amendments to the Criminal Law
(Codification and Reform) Act before its adoption.
In his post-Cabinet media briefing yesterday, Information,
Publicity and Broadcasting Services Minister Dr Jenfan Muswere said the
intended amendments will align the law with the Constitution.
“Section 81(1) of the Constitution of Zimbabwe defines a
child as ‘every boy or girl under the age of 18 years’ and further provides for
freedom and protection of children from all forms of sexual exploitation.
“Section 61 of the Criminal Law Codification Reform Act,
under Part 111 of Chapter V (Sexual Crimes and Crimes against Morality) defines
a young person as a ‘boy or girl under the age of 16 years,’” said Dr Muswere.
“The implications of Section 61 of the Criminal Law
(Codification Reform) Act is that it creates a category of children (those
between 16 and 18 years of age) in relation to sexual offences, who do not
enjoy the same protection as afforded to all children as intended by Section 81
of the Constitution of Zimbabwe which defines every boy or girl below the age
of 18 as a child.”
Dr Muswere said Cabinet approved the need to amend the
Criminal Law (Codification and Reform) Act by incorporating the Constitutional
definitions of a child and provisions on marriage.
He said the law will further protect adolescents who engage
in consensual sex as their behaviours may not be considered predatory or
exploitative.
“Furthermore, that provisions for compliance with the
Constitution be made for all sexual offences on sections 70, 76, 83 and 86 of
the Act. The amendment proposes that provisions be incorporated in the Act
which define the close in the age gap between minors and/or an adolescent to
avoid criminalising consenting minors or a minor and an adolescent whose age
range cannot be considered predatory or exploitative,” said Dr Muswere.
He said consultations conducted recommended a three years
age difference for this purpose.
Dr Muswere said the proposed amendments will remove the
discretionary powers of social workers in recommending the prosecution of
minors having sex within the accepted age gap.
The minister said power would now lie with the Prosecutor
General who has the authority to decline prosecution in criminal cases.
Dr Muswere said the law will further provide protection for
children with disabilities.
“To eliminate predatory and exploitative sexual conduct,
the Bill will provide for the protection of children living with disabilities
and those with unique communication needs and who rely on a special sign
language for communication which is not classified as official sign language,”
he said.
“The provisions will include interpretation of such unique
sign language that may aid in adducing evidence in court and not limiting sign
language to official court sign language only as admissible.” Chronicle
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