Update: A previous version of this article used the phrase “sexual relations with a minor” instead of rape.
Rape is rape. The words used in our story were wrong, and we’re sorry. We thank you for holding us to account
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A 31-year-old man from Karoi has been sentenced to 15 years in prison for raping a grade 7 pupil (a minor) and impregnating her.
According to prosecutors, the accused person was well aware that the young girl could not legally consent to such a relationship.
Following a full trial, the Karoi Magistrates’ Court sentenced him to 15 years of imprisonment.
On an undisclosed date in September 2023, the accused expressed romantic interest to the complainant (the Grade 7 pupil). However, she rejected his advances.
Undeterred, the accused made a second attempt, and this time, the complainant reluctantly agreed. He manipulated her into having unprotected sex with him in a soybean field.
The accused continued raping the minor on multiple occasions.
The complainant’s mother grew suspicious when her daughter exhibited signs of pregnancy.
A visit to a local clinic confirmed the pregnancy. The matter was promptly reported to the police, leading to the arrest of the accused person.
Until recently, the age of consent in Zimbabwe was 16 years. This meant that individuals aged 16 and above could legally engage in sexual activities.
However, this age limit did not adequately protect young people between the ages of 16 and 18.
On May 24, 2022, the Constitutional Court declared certain provisions of the Criminal Law Code unconstitutional.
The case, known as Kawenda v Minister of Justice, Legal and Parliamentary Affairs & Others, was brought by Veritas, and the appellant was represented by Tendai Biti.
The court ruled that the existing sections of the Criminal Law Code did not adequately protect children between the ages of 16 and 18 from sexual exploitation.
These sections criminalized sexual activities with children under 16 but did not address the age group between 16 and 18. The court ordered the government to amend the law within 12 months.
In response to the Constitutional Court ruling, Zimbabwe raised the age of consent from 16 to 18 years.
The new law, which came into effect in January 2024, imposes a jail term for anyone who has sexual relations with a person under 18, regardless of their gender or marital status.
The law was introduced by the government using presidential powers, after a shocking revelation that the country had no legal provision to prosecute cases of statutory rape and sexual exploitation of minors.
The National Prosecuting Authority (NPA) subsequently announced that it would prosecute all cases involving sexual intercourse and indecent acts with young persons under the new law.
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