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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   
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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   
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(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   
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(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   
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The Criminal Law Amendment Act [Chapter 9:05] is repealed.


25 Amendment of section 51 of Cap. 7:10   
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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   
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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   
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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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