Rutendo Chirume
Non-Governmental Organizations (NGOs) have applauded the Constitutional Court landmark ruling lifting the age of consent from 16 to 18 in a legal battle that was argued by seasoned lawyer Tendai Biti before the ConCourt.
The age of sexual consent is the stage at which an individual is considered legally old enough to consent to indulge in sexual activities.
In Zimbabwe, the age of consent had initially been set at 16 and the issue has always been a topical one with some critical stakeholders arguing it violates the rights and protection of girls in terms of the Constitution which set the legal age of marriage at 18.
Announcing the development on Twitter on May 24 Tendai Biti law firm wrote that their Principal Tendai Biti has successfully managed to argue for the revision of the age of sexual consent from 16 to 18.
“The constitutional court has just handed down a judgment in a case argued by our principal @BitiTendai holding that the age of sexual consent is 18, not 16. Provisions of the law that held that the age of consent is 16 have been struck down,” read the tweet.
In an interview, Director of Shamwari YeMwanasikana Ekenia Chifamba praised the new development saying that the law needed to be revised because it had loopholes and left minors vulnerable and exposed.
“The age of consent was previously set at 16 and raised concerns on how a minor could have capacity to consent to sex. The new constitutional court judgment has been aligned with constitutional provisions that make provision for the age of majority and the age of entering into marriage being set at 18. With the age of consent set at 18, those who prey on minors will face the full wrath of the law. As the Shona saying states, ‘regai dzive shiri mazai haasi muto’, the girl child deserves a chance to grow into an adult to be able to make a decision based on maturity and understanding.
“If one can only cast a vote at 18, therefore the same person has to be of age (18) for her to consent to sex. We continue to call for the full protection of girls from perpetrators who prey on underage girls. The new constitutional court judgment call to action for full enforcement and harsh punishments for pedophiles,” said Chifamba.
Ithemba for Girls Trust Director Bethu Tsunga said the ConCourt decision will give parents guidance and proper legal frame work to protect children from statutory rape.
“We applaud the decision by the ConCourt. The law is now clear, let us go hard on those who impregnate girls below 18 years of age. It is difficult to present a case when a child gets pregnant before 18, the perpetrator will tell you that she consented for sex and at the end of the day you have no case and that girl’s future would have been jeopardized. This will give parents guidance to protect their children. We are emphasizing on girl child because she is the most affected one,” said Tsunga.
Girls and Women Empowerment Network Director Kumbirai Kahiya told this publication that it was high time that issue get addressed for it had loopholes hence the need for policy realignment.
“As an organization, we praise the ruling. It was long time in coming considering how girls were being sexually exploited and dumped in the community either pregnant or on other issues. It did not make sense to have children being made sexual adults before being mental, emotional adults. There was need to harmonize sexual consent and age of marriage. At 16, many young persons are not mature enough to make decisions on sex or adulthood,” said Kahiya.
Due to this, a total 31 percent of girls under the age of 18 are married. Of these, four percent were married under 15 years whilst 60 percent of women aged between 18 and 24 have had sexual intercourse before the age of 18 which left them exposed to early marriages.
