Age of Consent Bill set to be approved

Zimbabwe has made significant strides in safeguarding its young population, with both houses of parliament recently approving the Criminal Law Amendment Bill, which has provisions that set the age of sexual consent from 16 to 18 in line with the constitution.

The Bill seeks to eradicate sexual exploitation and sexual abuse of children by proposing stiffer and more punitive sentencing.

The approval by Parliament is a landmark decision as the country aligns its laws with international standards, offering enhanced protection for children and adolescents.

Previously, the age of consent in Zimbabwe stood at 16, leaving a vulnerable gap for exploitation. Recognising the need for stronger safeguards and following the judgment in the case of Kawenda v Ministry of Justice, Legal and Parliamentary Affairs (MoJLPA) and others, which ordered the lawmakers to come up with a law that aligns the age of sexual consent with the Constitution of Zimbabwe, the government has taken decisive action to address this issue.

The government had to act rapidly as a presidential decree was issued after a court case had ordered the release of those convicted of statutory rape. The Bill will rectify existing gaps in legislation that deals with the age of sexual consent.

The MoJLPA, with technical support from the Centre for Applied Legal Research (CALR) and UNICEF Zimbabwe, facilitated technical consultations in both Harare and Bulawayo (August 2022). It was a multi-stakeholder meeting where the ministry, government ministries and departments and civil society converged and shared input on a legal framework that would give effect to the age of sexual consent in Zimbabwe. The input from the different stakeholders was crucial, as the Ministry of Justice had an inclusive approach to developing this proposed law.

The consultations culminated in the development of a report that was used as the basis for developing a memorandum of principles that were submitted and approved by Cabinet in December 2023. This sought to criminalize activity with anyone below the age of 18.

The Criminal Law Amendment Bill seeks to align sections 61, 70, 76, 83, and 86 of the Criminal Code with the Constitution and is now waiting for presidential assent to become law, the Herald reports.

The proposed law will ensure enhanced protection for children; by raising the age of consent to 18, there is a clear message that sexual activity with minors is unacceptable and not tolerable. The stricter law also works as a deterrence measure against sexual predators; it proposes the imposition of more stringent and severe sentencing.

The Bill contains the so-called Romeo and Juliet clause, which provides that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less. Clause 4 of the Bill exempts criminal liability for sexual intercourse between a young person’s whose age difference is not more than three years or a young person and an adult who is not more than three years older than the young person. However, the charge may be authorized by the Prosecutor General after considering a report by the child protection officer appointed in terms of the Children’s Act [Chapter 5:06].