Zimbabwe raises age of sexual consent from 12 to 16

THE age of consent will be raised from 12 to 16 years following concerns that the law provides minimum protection to minors and is lenient on child sex predators and other paedophiles.

The Constitution set the age of consent at 16 but the criminal law code states that girls as young as 12 are capable of giving consent to sex.

Vice President Emmerson Mnangagwa, who is the leader of government business in Parliament, told the National Assembly during debate on the General Laws Amendment Bill on Tuesday that the Ministry of Justice, Legal and Parliamentary Affairs had agreed with some lawmakers to raise the age in the criminal code.

"Let me first deal with the issue of age of consent which was at 12 years. We've agreed with several honourable members who've approached me, to lift the age from 12 years to 16 years. So, we've said that instead of the current one in the Criminal Procedure and Evidence Act, which is 12, we've agreed to shift it to 16, that's with regard to the issue of consent for sexual relationships," said VP Mnangagwa who is also Justice Minister.

He said although some members had wanted the age to be 18, they had settled for 16 years.

"When you become 18, you're now an adult, but we obviously know that they're children among the families. The age of 18 years is of majority, meaning that you can now do things without even consulting your parents. This isn't what we want our children to do; this is why there's a difference between a child and an adult," said VP Mnangagwa.

He said according to the Bill, anyone between the age of 12 and 16 is regarded as a "young person" and those aged 12 and below are regarded as "children."

VP Mnangagwa said if young persons who are both over the age of 12 but below the age of 16 engage in sex, none of them would be charged unless probation officers recommend the prosecution of either or both of them.

He said because of the current environment and exposure of most children to things that have to do with modern life, probation officers have been roped in.

"The issue being raised, those who have the Bill, is on page 22. It reads in Section 70, 'sex or performing indecent acts with young persons', by the insertion of the following subsection after Subsection 2, 'where extra marital sex or an indecent act occurs between young persons who are both over the age of 12 but below the age of 16' - that is the group whether a boy or a girl, above the age of 12 and below the age of 16years — 'at the time of the sex or the indecent act, neither of them shall be charged with sex or performing an indecent act with a young person except upon the report of a probation officer appointed in terms of Chapter 5 : 6, showing that it is appropriate to charge one of them or both with that crime'," said VP Mnangagwa.

The age of consent amendment is in line with the law reforms currently underway to align legislation with the new Constitution. This will reaffirm 16 as the age of consent and give judges more powers to issue deterrent sentences.

Lawyers, MPs and children's rights advocates earlier this year demanded legislative reforms to enhance legal protection for children under the age of 16, with the courts increasingly accepting that children between 12 and 16 were capable of consenting to sex.

They expressed concern over what appeared to be the trivialisation of child sexual abuse by the courts.

Paedophiles are still getting away with community service sentences, with magistrates and judges reluctant to pass exemplary punishment.

In June, Prosecutor General Johannes Tomana torched a storm when he said girls as young as 12 must be listened to by the courts if they wish to start families with older men because they are capable of giving consent to sex.