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Sexual
Offences Act
August 17, 2001
Contents
PART
VI
General
20. Act
not to limit offences under other laws.
21. Presumption regarding marriage.
22. Amendment of presumption that boy under 14 incapable
of sexual intercourse.
23. Consent by young person no defence in certain circumstances.
24. Repeal of Cap. 9:05.
25. Amendment of section 51 of Cap. 7:10.
26. Amendment of sections 211 and 247 of Cap. 9:07.
27. Amendment of section 2 of Cap. 15:10.
20 Act
not to limit offences under other laws TOP
Nothing in this Act
shall be taken as limiting any offence at common law or under any other
enactment.
21 Presumption regarding marriage TOP
Whenever in any prosecution
under this Act the question is in issue whether any sexual intercourse
between two persons was extra-marital, the persons shall be deemed not
to have been married at the time of such intercourse, unless the contrary
is proved.
22 Amendment of presumption that boy under 14 incapable
of sexual intercourse TOP
(1) The irrebuttable
presumption or rule of law that a boy under the age of fourteen years
is incapable of sexual intercourse shall not apply in Zimbabwe in relation
to boys who have reached the age of twelve years.
(2) Subsection
(1) shall not affect any presumption or rule of law relating generally
to the criminal capacity of children under the age of fourteen years.
23 Consent by young person no defence in certain circumstances TOP
(1) For
the purposes of this section a "sexual act" means
(a) anal
intercourse;
(b) engaging
in fellatio;
(c) engaging
in cunnilingus.
(2) A young
person under the age of twelve years shall be deemed incapable of consenting
to sexual intercourse or a sexual act.
(3) Where
a person is charged with raping a young person who is his child, step-child
or adopted child, it shall be no defence to prove that the young person
consented to having sexual intercourse or a sexual act with him.
24 Repeal of Cap. 9:05 TOP
The Criminal Law Amendment
Act [Chapter 9:05] is repealed.
25 Amendment of section 51 of Cap. 7:10 TOP
Section 51 of the
Magistrates Court Act [Chapter 7:10] is amended—
(a) in subsection
(2) by the deletion from paragraph (a) of "rape,";
(b) by the
insertion after subsection (3) of the following subsections—
"(4) Notwithstanding
section fifty, the jurisdiction of a regional magistrate in
respect of punishment for a sexual offence, whether on summary trial
or remittal by the Attorney-General, shall be—
(a) imprisonment
for a period not exceeding twenty years;
(b) a
fine not exceeding twenty thousand dollars.
(5) For the
purposes of subsection (4)—
"sexual
offence" means—
(a) rape
or sodomy; or
(b) a contravention
of section 3, 4, 5, 6, 8 or 15 of the Sexual Offences Act [Chapter
9:21]; or
(c) an
attempt to commit an offence referred to in paragraph (a) or (b).".
26 Amendment of sections 211 and 247 of Cap. 9:07 TOP
The Criminal Procedure
and Evidence Act [Chapter 9:07] is amended—
(a) in section
211—
(i) by
the repeal of subsection (1) and the substitution of—
"(1) Any
person charged with rape may be found guilty of—
(a) assault
with intent to commit rape; or
(b) indecent
assault; or
(c) assault
with intent to commit grievous bodily harm; or
(d) assault;
or
(e) contravening
section 3, 4, 8 or 15 of the Sexual Offences Act [Chapter 9:21];
if such are
the facts proved.";
(ii) in
subsection (2) by the deletion of "unlawful carnal knowledge"
and the substitution of "extra-marital sexual intercourse";
(iii) by
the repeal of subsection (3) and the substitution of—
"(3) Any
person charged with indecent assault may be found guilty of assault
or of contravening section 3, 4 or 8 of the Sexual Offences Act
[Chapter 9:21] if such are the facts proved.";
(iv) by
the repeal of subsection (5) and the substitution of—
"(5) Any
person charged with sodomy or assault with intent to commit sodomy
may be found guilty of—
(a) indecent
assault; or
(b) assault;
or
(c) committing
an unnatural offence; or
(d) contravening
section 3, 4, 8 or 15 of the Sexual Offences Act [Chapter 9:21];
if such are
the facts proved.";
(b) in section
247 in subsection (2) by the deletion from paragraph (e) of "Criminal
Law Amendment Act [Chapter 9:05]" and the substitution of
"Sexual Offences Act [Chapter 9:21]".
27 Amendment of section 2 of Cap. 15:10 TOP
Section 2 of the Termination
of Pregnancy Act [Chapter 15:10] is amended in subsection (1) by
the repeal of the definition of "unlawful intercourse" and the
substitution of—
""unlawful
intercourse" means rape, other than rape within a marriage, incest
or sexual intercourse in contravention of section 4 of the Sexual Offences
Act [Chapter 9:21].".
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