THE SEXUAL OFFENCES - SAFLII Home

1 THE SEXUAL OFFENCES SPECIAL PROVISIONS ACT, 1998 ARRANGEMENT OF SECTIONS Section Title PART 1. PPRELIMINARY PROVISIONS 1. Short title. 2 Commencement. 3. Interpretation. PART n AMENDMENT OF THE PENAL CODE 4. Replacement bisection 15. 5. Replacement of section 00. 6. Replacement of section 131. 7. Addition of section 131A 8:-Replacement of section 132. 9. Replacement of section 135. 10. Repeal of section 136. 11. Amendment of section 138. 12. Addition ofnew section 138A, 138B, 138C, 138D. 13. Replacement of section 139. 14. Addition ofnew section 139A. 15. Replacement of section 140. 16. Amendment of section 154. 17. Replacement of section 155. 18. Amendment of section 156.

2 10. Amendment of section 158. 20. Replacement of section 160. 21. Addition ofnew section 169A. PART ill AMENDMENT OF THE CRIMMAL PROCEDURE ACT, 1985 22. Amendment of section 168, 23. Amendment of section 110. 24. Addition ofnew section 348A. 25. Amendment of section 186. 26. Amendment of section 373. PARTIV AMENDMENT OF THE EVIDENCE ACT, 1967 27. Amendment of section 127, I 2 No. 4 SEXUAL OFFENCES Special Provisions 1998 S e ction Title PART V AMENDMENT OF THE CHILDREN AND YOUNG PERSONS ORDINANCE 28. Amendment of section 3 PART VI AMENDMENT OF THE MINIMUM SENTENCE ACT, 1972 29. Amendment ofsection5. 30.

3 Amendment ofthe First Schedule SEXUAL OFFENCES Special Provisions 1998 3 THE UNITED REPUBLIC OF TANZANIA No. 4 OF 1998 I ASSENT, President 1st July, 1998. An Act to amend several laws written making special provisions in those laws with regard to SEXUAL and other OFFENCES to further safeguard the personal integrity, dignity, liberty and security of women and children. [ I 'Enacted by the Parliament ofthe United Republic of Tanzania. PART I 1. In this Act may be cited as the SEXUAL OFFENCES Special Provisions Act, 1998 2. This Act shall come into operation on the first day of July, 1998 3. In this Act, except where the context requires otherwise- "boy" means a male person of the age of under eighteen years.]

4 "girl" means a female person ofthe age of under eighteen years; "gross indecency" means SEXUAL act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behaviour without any physical contact; "hospital" means the precincts of a hospital and includes the precincts of any institution of for the reception and treatment of persons during convalescence or of person requiring medical attention or rehabilitation. "injury" means an actual harm caused to a person and includes physical, mental an psychological suffering; 4 No. 4 SEXUAL Qffences Special Provisions 1998 "man" means any male person above the age of eighteen years; means SEXUAL intercourse between per- sons who Are not spouses to each other; "separated" means, and.

5 Includes separation arranged by the family, clan elders' without the parties going to court or otherwise; " SEXUAL abuse" means illegal sexually oriented acts or words done or said in relation' to, any person for gratification or for Any other Illegal purposes; v " SEXUAL intercourse" Whether natural or unnatural, shall, for the purpose of proof of a SEXUAL offence,'be deemed to be complete upon proof of penetration only not the completion ofthe intercourse by the emis sion seed; " SEXUAL offence" means any ofthe OFFENCES created in Chapter XV of the Penal Code;, woman" means any female person above the age *of eighteen years whether or not married; women's or children's institution" means an institution for the reception and care of Women or children, however described;' PART n AMENDMENT OF THE PENAL CODE Replace- 4 Section 15 ofthe Penal Code is hereby repealed and replaced with ment of me following: section 15 "imma- 115.

6 -(1) A person under the age often years is not criminally ture age responsible for any act or omission. (2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. (3) A male person under the age of twelve years is pre-suthedto be incapable ofhaving SEXUAL intercourse." Replace- 5. Section 130 ofthe Penal Code is hereby repealed, and replaced ment of with the following: section 130 "Rape (1) It is an offence for a male person to rape a girl or a (2). A male person commits the offence 01, rape if he has SEXUAL intercourse with a girl or woman under circumstances falling, under any ofthe following' descriptions: (a) not, being his wife, or being his wife who is separated from him Without her consenting to it at the time of the SEXUAL intercourse; (b).

7 With her consent where, the consent has been -obtained by the, use of force threats or intimidation or by put ting her in. fear, of death or of hurt while she is in unlawful detention; No. 4 SEXUAL OFFENCES . Special Provisions 1998 5 (c) with her consent when her consent has bee i at a time 'when she was of unsound state of intoxication induced by any drugs, matter or thing, administered to her by the, man or by some I other person unless proved that the re was prior con sent between the two; (d) with her consent when the. man knows that be, is. not her husband, and that her consent is given, because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawful mar ried; (e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.

8 (3) Whoever-(a) being a person in a position of authority, takes advan tage of his official position, and commits rape on a restrains and commits rape on the girl or woman; (b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women's or children's institution, takes advantage of his position and commits rape on any woman inmate ofthe remand home, place of custody or (c) 'fesitgutiDnie management or staff of a hospital, takes advantage of his position and commits rape on a girl or woman; (d) being a traditional healer, takes advantage of his pos, ition and commits rape on a girl or woman who is his client for healing purposes; (e) being a religious leader takes advantage of his position and commits rape on a girl or woman, is liable to imprisonment for a term prescribed under subsec tion (1); of section 131".

9 (4) For the purposes of proving the offence ofrape-,(a) penetration however, slight is sufficient to constitute (b) evidence, of resistance such as physical, injuries to the body is not necessary to prove that SEXUAL intercourse took place without consent . deemed lawfully separatecLeven if the separation is arranged 6 No. 4 SEXUAL OFFENCES Provisions 1998 Replace -ment of section 131 "Punish ment for rape 6. Section 131 of the Penal Code is hereby repealed and replaced with following: 131- (1) Any person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be published with imprisonment of not less than thirty years with corporal punish ment, and with fine, and shall in addition to ordered to pay compensa tion of amount determined by the court, to the person in respect of whom the offence was committed forthe injuries caused to such person.

10 (2) Notwithstanding the provision of any law, where the offence is committed by a boy who is ofthe age of eighteen years or less , he shall-(a) if a first offender, be sentenced to imprisonment only (b) if a second time offender, be sentenced to imprisonment for a term of twelve months with corporal punishment (c) if a third time and recidivist offender he shall be sentenced to life imprisonment pursuant to subsection (1) (3) Notwithstanding the preceding provisions ofthis section whoever committs an offence of rape to a girl under the ten years shall on conviction be sentenced to life imprisonment." Addition of new section 131A "Punish ment for gang rape 7 The penal Code is hereby amended by adding after section 131 the following new section: 131 A- (1) Where the offence of rape is committed by one more persons in a group of persons, each person in the group committing or abetting the commission ofthe offence is deemed to have committed gang rape.