JUSTICE, Legal and Parliamentary Affairs permanent secretary Virginia Mabhiza says there is urgent need to realign the Criminal Law (Codification and Reform) Act with the new Constitution to ensure rapists got maximum and deterrent sentences.
VENERANDA LANGA/WADZANAI MADHIBHA
Addressing guests at the launch of the national anti-rape campaign in Harare last Thursday, Mabhiza said the current state of affairs allowed for juvenile rapists to get away with lenient sentences.
“The Constitution says statutory rape is to have sex with a girl who is 18 years and below, yet the law says it is 16 years — and when it is a 12-year-old and below it is no longer considered as statutory rape, but rape,” Mabhiza said.
She said when passing sentences for rape offences, magistrates considered the age of the victim, degree of force, extent of physical and psychological damage, number of assailants, age of the perpetrator, weapons used, consent and HIV status and sexually transmitted diseases.
“For juvenile offenders, the sentencing trend might be corporal punishment or three to five years’ imprisonment if there was penetrative sex,” Mabhiza said.
Speaking at the same occasion, Deputy Attorney-General Florence Ziyambi said the Constitution gave too many rights to offenders.
“There is a 48-hour period to bring accused persons for prosecution, and with rape cases, an accused person can be taken to court before investigations are complete. If a raped child is not ready to open up, that accused person can be out on bail.
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There is need for amendment of certain provisions of the Constitution if people want those accused of raping children to be detained during investigations,” she said.
In a related matter, an 18-year-old rapist from Macheke last Friday got a wholly-suspended three-year jail term after Marondera magistrate Clever Tsikwa noted that the offence was committed when the perpetrator was aged 17, hence he was a minor. Rekayi Sanzira had been convicted of raping his 10-year-old niece in November last year.
State counsel Tariro Shirichena told the court that Sanzira abused the juvenile who had been left in his custody by her parents.
The matter only came to light after the girl spilled the beans to her mother on her return, leading to Sanzira’s arrest.
In his ruling, Tsikwa said Sanzira committed the offence while he was only 17 and therefore deserved rehabilitation instead of a proper jail term.
