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Sexual
Offences Act
August 17, 2001
Contents
PART
II
Extra-Marital
Sexual Intercourse with Young Persons and Intellectually Handicapped persons
3. Extra-marital
sexual intercourse or immoral or indecent act committed with young person.
4. Extra-marital sexual intercourse or immoral or indecent
act committed with intellectually handicapped person.
5. Prevention of sexual exploitation of young persons and
intellectually handicapped persons outside Zimbabwe.
6. Prevention of conspiracy or incitement abroad to exploit
young persons or intellectually handicapped persons in Zimbabwe.
7. Permitting young person to resort to place for purpose
of extra-marital sexual intercourse.
3 Extra-marital
sexual intercourse or immoral or indecent act committed with young person TOP
(1) Subject to
subsection (2), any person who—
(a) has extra-marital
sexual intercourse with a young person; or
(b) commits
an immoral or indecent act with or upon a young person; or
(c) solicits
or entices a young person to have extra-marital sexual intercourse with
him or to commit an immoral or indecent act;
shall be guilty of
an offence and liable, subject to section sixteen, to a fine not
exceeding fifty thousand dollars or to imprisonment for a period not exceeding
ten years or to both such fine and such imprisonment.
(2) It shall be
a defence to a charge under subsection (1) for the accused person to satisfy
the court that—
(a) he was
under the age of sixteen years at the time of the alleged offence; or
(b) he had
reasonable cause to believe that the young person concerned was of or
over the age of sixteen years at the time of the alleged offence.
4 Extra-marital sexual intercourse or immoral or indecent
act committed with intellectually handicapped person TOP
(1) In this section—
"intellectually
handicapped person" means a person who is mentally disordered or
intellectually handicapped, as defined in section 2 of the Mental Health
Act [Chapter 15:12].
(2) Subject to
subsection (3), any person who—
(a) has extra-marital
sexual intercourse with an intellectually handicapped person; or
(b) commits
an immoral or indecent act with an intellectually handicapped person;
or
(c) solicits
or entices an intellectually handicapped person to have extra-marital
sexual intercourse with him or to commit an immoral or indecent act;
shall be guilty of
an offence and liable, subject to section sixteen, to a fine not
exceeding fifty thousand dollars or to imprisonment for a period not exceeding
ten years or to both such fine and such imprisonment.
(3) It shall be
a defence to a charge under subsection (2) for the accused person to satisfy
the court that he did not know that the person to or with whom he committed
the act alleged in the charge was intellectually handicapped.
5 Prevention of sexual exploitation of young persons
and intellectually handicapped persons outside Zimbabwe TOP
(1) Any person
who is a citizen of Zimbabwe or ordinarily resident therein and who does
anything outside Zimbabwe to, with or against a young person or intellectually
handicapped person which, if it were done in Zimbabwe, would constitute—
(a) rape,
incest, sodomy or indecent assault; or
(b) a contravention
of section three or four; or
(c) an attempt,
conspiracy or incitement to commit an offence referred to in paragraph
(a) or (b);
shall be guilty of
the appropriate offence referred to in paragraph (a), (b) or (c) and liable
to be sentenced accordingly.
(2) Any person
who, in Zimbabwe, conspires with or incites another person to do anything
outside Zimbabwe to, with or against a young person or intellectually
handicapped person which, if it were done in Zimbabwe, would constitute—
(a) rape,
incest, sodomy or indecent assault; or
(b) a contravention
of section three;
shall be guilty of
conspiracy or incitement, as the case may be, to commit the appropriate
offence referred to in paragraph (a) or (b) and shall be liable to be
sentenced accordingly.
(3) Subsections
(1) and (2) shall apply whether or not the act which the person is alleged
to have committed or which was the subject of his alleged conspiracy or
incitement, as the case may be, was an offence in the place where it was
committed.
6 Prevention of conspiracy or incitement abroad to
exploit young persons or intellectually handicapped persons in Zimbabwe TOP
(1) Any person
who, outside Zimbabwe, conspires with or incites another person to commit
any of the following offences in Zimbabwe to, with or against a young
person or intellectually handicapped person—
(a) rape,
incest, sodomy or indecent assault; or
(b) a contravention
of section three or four;
shall be guilty of
conspiracy or incitement, as the case may be, to commit the appropriate
offence referred to in paragraph (a) or (b) and shall be liable to be
sentenced accordingly.
(2) Subsection
(1) shall apply whether or not conspiracy or incitement to commit the
offence concerned was an offence in the place where the alleged conspiracy
or incitement took place.
7 Permitting young person to resort to place for purpose
of extra-marital sexual intercourse TOP
(1) If the owner
of a place knowingly induces or allows a young person to enter or be in
a place for the purpose of extra-marital sexual intercourse with another
person or with other persons generally, the owner shall be guilty of an
offence and—
(a) if the
young person is under the age of twelve years, liable to a fine not
exceeding thirty-five thousand dollars or to imprisonment for a period
not exceeding seven years or to both such fine and such imprisonment;
(b) if the
young person is over the age of twelve years, liable to a fine not exceeding
twenty-five thousand dollars or to imprisonment for a period not exceeding
five years or to both such fine and such imprisonment.
(2) It shall be
a defence to a charge under subsection (1) for the accused person to prove
that he had reasonable cause to believe that the young person was of or
over the age of sixteen years.
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