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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   
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(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   
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(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   
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(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   
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(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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