@@ Line 1,032: / Line 1,032: @@
 (b)	where the result of the conduct was to inflict a mortal or serious injury upon the other person, there is normally a causal link between the conduct and the other person's death;
-	(c)	voluntary conduct on the part of the person who subsequently dies is more likely than involuntary subsequent conduct on the part of that person to break the causal link between the conduct and his or her death;
+(c)	voluntary conduct on the part of the person who subsequently dies is more likely than involuntary subsequent conduct on the part of that person to break the causal link between the conduct and his or her death;
-	(d)	it is within the range of ordinary human experience that particular persons may suffer from ailments or physical susceptibilities which make them more liable than other persons to die from assaults or from other unlawful conduct.
+(d)	it is within the range of ordinary human experience that particular persons may suffer from ailments or physical susceptibilities which make them more liable than other persons to die from assaults or from other unlawful conduct.
 (2)  For the avoidance of doubt it is declared that a person will be held to have caused the death of another person if death results from a failure to discharge a legal duty owed by the first-mentioned person to the second-mentioned person.
-	Mercy killing and removal of persons from life-support systems
+'''54	Mercy killing and removal of persons from life-support systems'''
 (1)  Subject to this section, it shall be no defence to a charge of murder, infanticide, culpable homicide or inciting or assisting suicide that?
-	(a)	the person charged with the crime acted or omitted to act, as the case may be, in order to relieve suffering;  or
-	(b)	the deceased person requested that his or her life should be ended;
+(a)	the person charged with the crime acted or omitted to act, as the case may be, in order to relieve suffering;  or
+(b)	the deceased person requested that his or her life should be ended;
 but a court may take any such factor into account in deciding upon an appropriate sentence.
 (2)  The High Court may, on application, order that a person be removed from a heart-lung or ventilator machine or other life-support system, if the court is satisfied, from the evidence of at least one medical practitioner, other than any medical practitioner who has been treating the person, that?
-	(a)	the person is unconscious and there is no reasonable prospect of his or her regaining consciousness;  and
-	(b)	although the person's brain functions may not have entirely ceased, his or her life is being artificially sustained by the machine or system and there is no reasonable prospect that he or she will ever be able to survive without being on the machine or system.
+(a)	the person is unconscious and there is no reasonable prospect of his or her regaining consciousness;  and
+(b)	although the person's brain functions may not have entirely ceased, his or her life is being artificially sustained by the machine or system and there is no reasonable prospect that he or she will ever be able to survive without being on the machine or system.
 (3)  An application in terms of subsection (2) may be made?
-	(a)	by a spouse, brother, sister, parent, guardian, curator or tutor of the person referred to in subsection (2);  or
-	(b)	by the person in charge of the hospital or other institution in which the person referred to in subsection (2) is being kept.
+(a)	by a spouse, brother, sister, parent, guardian, curator or tutor of the person referred to in subsection (2);  or
+(b)	by the person in charge of the hospital or other institution in which the person referred to in subsection (2) is being kept.
 (4)  In an application in terms of subsection (2), the court?
-	(a)	may appoint a curator ad litem to represent the interests of the person referred to in subsection (2);  and
-	(b)	shall ensure that, where practicable, every person who has an interest in the matter has been given notice of the application and has been afforded a reasonable opportunity of being heard therein.
+(a)	may appoint a curator ad litem to represent the interests of the person referred to in subsection (2);  and
+(b)	shall ensure that, where practicable, every person who has an interest in the matter has been given notice of the application and has been afforded a reasonable opportunity of being heard therein.
 (5)  No criminal liability shall attach to?
-	(a)	any person who terminates the life of another person pursuant to an order under subsection (2);  or
-	(b)	an applicant referred to in subsection (3);  or
+(a)	any person who terminates the life of another person pursuant to an order under subsection (2);  or
-	(c)	the curator ad litem referred to in subsection (4).
+(b)	an applicant referred to in subsection (3);  or
+(c)	the curator ad litem referred to in subsection (4).
 (6)  An order granted in terms of subsection (2) shall cease to be valid after eighteen months have elapsed from the date on which it was granted.
-	Killing while disposing of victim's body
+'''55	Killing while disposing of victim's body'''
 (1)  If any person?
-	(a)	does or omits to do any thing in relation to another person which, if it caused that other person's death, would constitute murder or infanticide;  and
-	(b)	thinking that by such conduct he or she has killed the other person, disposes or attempts to dispose of the other person's body;
+(a)	does or omits to do any thing in relation to another person which, if it caused that other person's death, would constitute murder or infanticide;  and
+(b)	thinking that by such conduct he or she has killed the other person, disposes or attempts to dispose of the other person's body;
 he or she shall be guilty of murder or infanticide, as the case may be, if, when he or she engages in the disposal, the other person is not dead but dies as a result of the disposal or attempted disposal.
 (2)  Subsection (1) shall apply whether the person concerned formed the intention to dispose of the other person's body before, during or after he or she does or omits to do the thing referred to in paragraph (a) of that subsection.
 (3)  Nothing in this section shall prevent a person being convicted of culpable homicide or any other crime arising out of the disposal or attempted disposal of another person's body.
-	Error as to identity
+'''56	Error as to identity'''
 The fact that a person charged with murder, infanticide or culpable homicide mistakenly believed that the person whose death he or she caused was someone else, shall not constitute a defence to the charge.
-	Deflected blow in homicide cases
+'''57	Deflected blow in homicide cases'''
 If any person?
-	(a)	does or omits to do anything in relation to another person which, if it caused that other person's death, would constitute murder, infanticide or culpable homicide;  and
-	(b)	by the conduct referred to in paragraph (a), causes the death of someone other than his or her intended victim;
+(a)	does or omits to do anything in relation to another person which, if it caused that other person's death, would constitute murder, infanticide or culpable homicide;  and
+(b)	by the conduct referred to in paragraph (a), causes the death of someone other than his or her intended victim;
 he or she shall be guilty of the following crimes?
-	(i)	in respect of the intended victim?
-	A.	murder, infanticide or culpable homicide, as the case may be, if the intended victim dies;  or
+(i)	in respect of the intended victim?
-	B.	attempted murder, attempted infanticide or assault, as may be appropriate, if the intended victim does not die;
-		and
+A.	murder, infanticide or culpable homicide, as the case may be, if the intended victim dies;  or
-	(ii)	in respect of the person whose death he or she has actually caused?
-	A.	murder or infanticide, as the case may be, if he or she realised that his or her conduct involved a real risk or possibility of causing the death of someone other than his intended victim;  or
+B.	attempted murder, attempted infanticide or assault, as may be appropriate, if the intended victim does not die;
-	B.	culpable homicide, if the requisites of that crime are satisfied.
-	Joining in after fatal injury inflicted
+and
+(ii)	in respect of the person whose death he or she has actually caused?
+A.	murder or infanticide, as the case may be, if he or she realised that his or her conduct involved a real risk or possibility of causing the death of someone other than his intended victim;  or
+B.	culpable homicide, if the requisites of that crime are satisfied.
+'''58	Joining in after fatal injury inflicted'''
 If?
-	(a)	a person does or omits to do anything in relation to another person which, if it caused that other person's death, would constitute murder, infanticide or culpable homicide;  and
-	(b)	before he or she does or omits to do the thing referred to in paragraph (a), and independently of that act or omission, his or her victim has received injuries, whether in a fatal attack or otherwise, which subsequently cause the victim's death;
+(a)	a person does or omits to do anything in relation to another person which, if it caused that other person's death, would constitute murder, infanticide or culpable homicide;  and
+(b)	before he or she does or omits to do the thing referred to in paragraph (a), and independently of that act or omission, his or her victim has received injuries, whether in a fatal attack or otherwise, which subsequently cause the victim's death;
 he or she shall be guilty of?
-	(i)	murder, infanticide or culpable homicide, as the case may be, if his or her conduct accelerated the death of his or her victim;  or
-	(ii)	attempted murder, attempted infanticide or assault, as may be appropriate, if his or her conduct did not accelerate the death of his or her victim.
+(i)	murder, infanticide or culpable homicide, as the case may be, if his or her conduct accelerated the death of his or her victim;  or
-PART II
-UNLAWFUL TERMINATION OF PREGNANCY
+(ii)	attempted murder, attempted infanticide or assault, as may be appropriate, if his or her conduct did not accelerate the death of his or her victim.
-	Interpretation in Part II of Chapter V
+'''PART II'''
+'''UNLAWFUL TERMINATION OF PREGNANCY'''
+'''59	Interpretation in Part II of Chapter V'''
 In this Part?
 "embryo or foetus" means a live human embryo or foetus;
 "terminate", in relation to a pregnancy, means to cause the death of an embryo or foetus?
-	(a)	while it is growing in a female person's womb;  or
-	(b)	by its expulsion from a female person's womb;
+(a)	while it is growing in a female person's womb;  or
+(b)	by its expulsion from a female person's womb;
 "womb" does not include the fallopian tubes.
-	Unlawful termination of pregnancy
+'''60	Unlawful termination of pregnancy'''
 (1)  Any person who?
-	(a)	intentionally terminates a pregnancy;  or
-	(b)	terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy;
+(a)	intentionally terminates a pregnancy;  or
+(b)	terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy;
 shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 (2)  It shall be a defence to a charge of unlawful termination of pregnancy for the accused to prove that?
-	(a)	the termination of the pregnancy occurred in the course of a "Caesarean section", that is, while delivering a foetus through the incised abdomen and womb of the mother in accordance with medically recognised procedures;  or
-	(b)	the pregnancy in question was terminated in accordance with the Termination of Pregnancy Act [Chapter 15:10].
+(a)	the termination of the pregnancy occurred in the course of a "Caesarean section", that is, while delivering a foetus through the incised abdomen and womb of the mother in accordance with medically recognised procedures;  or
-PART III
-SEXUAL CRIMES AND CRIMES AGAINST MORALITY
+(b)	the pregnancy in question was terminated in accordance with the Termination of Pregnancy Act [Chapter 15:10].
-Division A: Preliminary
-	Interpretation in Part III of Chapter V
+'''PART III'''
+'''SEXUAL CRIMES AND CRIMES AGAINST MORALITY'''
+'''Division A: Preliminary'''
+'''61	Interpretation in Part III of Chapter V'''
 (1)  In this Part?
 "anal sexual intercourse" means penetration of the anus by the penis;
 "brothel" means any place which is occupied or used for the purposes of prostitution or for persons to visit for the purpose of having extra-marital sexual intercourse for money or reward;
 "extra-marital sexual intercourse" means sexual intercourse otherwise than between spouses;
 "HIV" means the human immuno-deficiency virus;
 "keep", in relation to a brothel, has the meaning set out in subsection (2);
 "mentally incompetent person" means a person who is mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act  [Chapter 15:12] (No. 15 of 1996);
 "owner", in relation to any place, includes a person who lets or sublets or permits the occupation of the place, whether in his or her own right or on behalf of another person;
 "place" includes any premises, enclosure, vehicle or boat or any part thereof;
-	(a)	allows other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her; or
-	(b)	solicits other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her;
+(a)	allows other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her; or
-	and the word "prostitution" shall be construed accordingly;
+(b)	solicits other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her;
+and the word "prostitution" shall be construed accordingly;
 "public place" means any road, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved;
 "sexual intercourse" means vaginal sexual intercourse between a male person and a female person involving the total penetration or penetration to the slightest degree of the vagina by the penis;
 "sexually-transmitted disease" includes any disease commonly transmitted by sexual intercourse or anal sexual intercourse;
 "unlawful sexual conduct" means any act the commission of which constitutes the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy;
 "young person" means a boy or girl under the age of sixteen years.
-	(a)	any person who manages the brothel or assists in its management;
-	(b)	the owner of the brothel, if he or she uses the place as a brothel or knowingly allows it to be so used;
+(a)	any person who manages the brothel or assists in its management;
-	(c)	any person who knowingly receives the whole or any part of any money taken in the brothel;
-	(d)	any person who resides in the brothel, unless he or she proves that he or she was ignorant of the character of the place;
+(b)	the owner of the brothel, if he or she uses the place as a brothel or knowingly allows it to be so used;
-	(e)	any person found in the brothel who wilfully refuses to disclose the name and identity of the keeper or owner thereof.
-	Presumption regarding marriage
+(c)	any person who knowingly receives the whole or any part of any money taken in the brothel;
+(d)	any person who resides in the brothel, unless he or she proves that he or she was ignorant of the character of the place;
+(e)	any person found in the brothel who wilfully refuses to disclose the name and identity of the keeper or owner thereof.
+'''62	Presumption regarding marriage'''
 Whenever in any prosecution under this Part the question is in issue whether any sexual intercourse between two persons was extra-marital, the persons shall be deemed not to have been spouses at the time of such intercourse, unless the contrary is proved.
-	Amendment of presumption that boys under 14 incapable of sexual intercourse
+'''63	Amendment of presumption that boys under 14 incapable of sexual intercourse'''
 (1)  The irrebuttable presumption or rule of law that a boy under the age of fourteen years is incapable of sexual intercourse shall not apply in Zimbabwe in relation to boys who have reached the age of twelve years.
 (2)  A boy over the age of twelve years but below the age of fourteen years shall be presumed incapable of performing sexual intercourse unless the contrary is shown on a balance of probabilities.
 (3)  Subsections (1) and (2) shall not affect any presumption or rule of law relating generally to the criminal capacity of children under the age of fourteen years.
-	Competent charges in cases of unlawful sexual conduct involving young or mentally incompetent persons
+'''64	Competent charges in cases of unlawful sexual conduct involving young or mentally incompetent persons'''
 (1)  A person accused of engaging in sexual intercourse, anal sexual intercourse or other sexual conduct with a young person of or under the age of twelve years shall be charged with rape, aggravated indecent assault or indecent assault, as the case may be, and not with sexual intercourse or performing an indecent act with a young person, or sodomy.
 (2)  A person accused of engaging in sexual intercourse, anal sexual intercourse or other sexual conduct with a young person above the age of twelve years but of or below the age of fourteen years shall be charged with rape, aggravated indecent assault or indecent assault, as the case may be, and not with sexual intercourse or performing an indecent act with a young person or sodomy, unless there is evidence that the young person?
-	(a)	was capable of giving consent to the sexual intercourse, anal sexual intercourse or other sexual conduct;  and
-	(b)	gave his or her consent thereto.
+(a)	was capable of giving consent to the sexual intercourse, anal sexual intercourse or other sexual conduct;  and
+(b)	gave his or her consent thereto.
 (3)  A person who engages in sexual intercourse, anal sexual intercourse or other sexual conduct with a mentally incompetent adult person shall be charged with rape, aggravated indecent assault or indecent assault, as the case may be, unless there is evidence that the mentally incompetent person?
-	(a)	was capable of giving consent to the sexual intercourse, anal sexual intercourse or other sexual conduct,  and
-	(b)	gave his or her consent thereto.
+(a)	was capable of giving consent to the sexual intercourse, anal sexual intercourse or other sexual conduct,  and
+(b)	gave his or her consent thereto.
 (4)  If, in the case of a male person who engages in anal sexual intercourse or other sexual conduct with a young male person of or below the age of fourteen years, or with a mentally incompetent adult male person, there is evidence that the young or mentally incompetent person?
-	(a)	was capable of giving consent to the anal sexual intercourse or other sexual conduct,  and
-	(b)	gave his consent thereto;
+(a)	was capable of giving consent to the anal sexual intercourse or other sexual conduct,  and
+(b)	gave his consent thereto;
 the first-mentioned male person alone shall be charged with sodomy.
-Division B: Sexual crimes
+'''Division B: Sexual crimes'''
-	Rape
+'''65	Rape'''
 (1)  If a male person knowingly has sexual intercourse or anal sexual intercourse with a female person and, at the time of the intercourse?
-	(a)	the female person has not consented to it;  and
-	(b)	he knows that she has not consented to it or realises that there is a real risk or possibility that she may not have consented to it;
+(a)	the female person has not consented to it;  and
+(b)	he knows that she has not consented to it or realises that there is a real risk or possibility that she may not have consented to it;
 he shall be guilty of rape and liable to imprisonment for life or any shorter period.
 (2)  For the purpose of determining the sentence to be imposed upon a person convicted of rape, a court shall have regard to the following factors, in addition to any other relevant factors and circumstances?
-	(a)	the age of the person raped;
-	(b)	the degree of force or violence used in the rape;
+(a)	the age of the person raped;
-	(c)	the extent of physical and psychological injury inflicted upon the person raped;
-	(d)	the number of persons who took part in the rape;
+(b)	the degree of force or violence used in the rape;
-	(e)	the age of the person who committed the rape;
-	(f)	whether or not any weapon was used in the commission of the rape;
+(c)	the extent of physical and psychological injury inflicted upon the person raped;
-	(g)	whether the person committing the rape was related to the person raped in any of the degrees mentioned in subsection (2) of section seventy-five;
-	(h)	whether the person committing the rape was the parent or guardian of, or in a position of authority over, the person raped;
+(d)	the number of persons who took part in the rape;
-	(i)	whether the person committing the rape was infected with a sexually transmitted disease at the time of the rape.
-	Aggravated indecent assault
+(e)	the age of the person who committed the rape;
+(f)	whether or not any weapon was used in the commission of the rape;
+(g)	whether the person committing the rape was related to the person raped in any of the degrees mentioned in subsection (2) of section seventy-five;
+(h)	whether the person committing the rape was the parent or guardian of, or in a position of authority over, the person raped;
+(i)	whether the person committing the rape was infected with a sexually transmitted disease at the time of the rape.
+'''66	Aggravated indecent assault'''
 (1)  Any person who?
 	(a)	being a male person?
 	(i)	commits upon a female person any act, other than sexual intercourse or anal sexual intercourse, involving the penetration of any part of the female person's body or of his own body;  or
 	(ii)	commits upon a male person anal sexual intercourse or any other act involving the penetration of any part of the other male person's body or of his own body;
 	(b)	being a female person?
 	(i)	has sexual intercourse with or commits upon a male person any other act involving the penetration of any part of the male person's body or of her own body;  or
 	(ii)	commits upon a female person any act involving the penetration of any part of the other female person's body or of her own body;
 with indecent intent and knowing that the other person has not consented to it or realising that there is a real risk or possibility that the other person may not have consented to it, shall be guilty of aggravated indecent assault and liable to the same penalty as is provided for rape.
 (2)  For the purpose of determining the sentence to be imposed upon a person convicted of aggravated indecent assault, a court shall have regard to the same factors as are mentioned in connection with determining the sentence to be imposed upon a person convicted of rape in subsection (2) of section sixty-five, in addition to any other relevant factors and circumstances.
-	Indecent assault
+'''67	Indecent assault'''
 (1)  A person who?
-	(a)	being a male person?
-	(i)	commits upon a female person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than sexual intercourse or anal sexual intercourse or other act involving the penetration of any part of the female person's body or of his own body;  or
+(a)	being a male person?
-	(ii)	commits upon a male person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than anal sexual intercourse or other act involving the penetration of any part of the male person's body or of his own body;  or
-	(b)	being a female person?
+(i)	commits upon a female person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than sexual intercourse or anal sexual intercourse or other act involving the penetration of any part of the female person's body or of his own body;  or
-	(i)	commits upon a male person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than sexual intercourse or any other act involving the penetration of any part of the male person's body or of her own body;  or
-	(ii)	commits upon a female person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than any act involving the penetration of any part of the other female person's body or of her own body;
+(ii)	commits upon a male person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than anal sexual intercourse or other act involving the penetration of any part of the male person's body or of his own body;  or
+(b)	being a female person?
+(i)	commits upon a male person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than sexual intercourse or any other act involving the penetration of any part of the male person's body or of her own body;  or
+(ii)	commits upon a female person any act involving physical contact that would be regarded by a reasonable person to be an indecent act, other than any act involving the penetration of any part of the other female person's body or of her own body;
 with indecent intent and knowing that the other person has not consented to it or realising that there is a real risk or possibility that the other person may not have consented to it, shall be guilty of indecent assault and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 (2)  For the purpose of determining the sentence to be imposed upon a person convicted of indecent assault, a court shall have regard to the same factors as are mentioned in connection with determining the sentence to be imposed upon a person convicted of rape in subsection (2) of section sixty-five, in addition to any other relevant factors and circumstances.
 (3)  For the avoidance of doubt it is declared that where a person would be liable for contravening subsection (1) but for the fact that?
-	(a)	physical contact was absent, the competent charge shall be criminal insult or, if the person intended but failed to engage in physical contact, attempted indecent assault;
-	(b)	indecent intent was absent, the competent charge shall be criminal insult.
+(a)	physical contact was absent, the competent charge shall be criminal insult or, if the person intended but failed to engage in physical contact, attempted indecent assault;
-	Unavailable defences to rape, aggravated indecent assault and indecent assault
+(b)	indecent intent was absent, the competent charge shall be criminal insult.
+'''68	Unavailable defences to rape, aggravated indecent assault and indecent assault'''
 It shall not be a defence to a charge of rape, aggravated indecent assault or indecent assault?
-	(a)	that the female person was the spouse of the accused person at the time of any sexual intercourse or other act that forms the subject of the charge:
-			Provided that no prosecution shall be instituted against any husband for raping or indecently assaulting his wife in contravention of section sixty-six or sixty-seven unless the Attorney-General has authorised such a prosecution;  or
+(a)	that the female person was the spouse of the accused person at the time of any sexual intercourse or other act that forms the subject of the charge:
-	(b)	subject to sections six, seven and sixty-three, that the accused person was a male person below the age of fourteen years at the time of the sexual intercourse or other act that forms the subject of the charge.
-	Cases where consent absent or vitiated
+Provided that no prosecution shall be instituted against any husband for raping or indecently assaulting his wife in contravention of section sixty-six or sixty-seven unless the Attorney-General has authorised such a prosecution;  or
+(b)	subject to sections six, seven and sixty-three, that the accused person was a male person below the age of fourteen years at the time of the sexual intercourse or other act that forms the subject of the charge.
+'''69	Cases where consent absent or vitiated'''
 (1)  Without limiting Part XII of Chapter XIV, a person shall be deemed not to have consented to sexual intercourse or any other act that forms the subject of a charge of rape, aggravated indecent assault or indecent assault, where the person charged with the crime?
-	(a)	uses violence or threats of violence or intimidation or unlawful pressure to induce the other person to submit;  or
-	(b)	by means of a fraudulent misrepresentation induces the other person to believe that something other than sexual intercourse or an indecent act, as the case may be, is taking place;  or
+(a)	uses violence or threats of violence or intimidation or unlawful pressure to induce the other person to submit;  or
-	(c)	induces the other person to have sexual intercourse or to submit to the performance of the indecent act, as the case may be, by impersonating that other person's spouse, or lover;  or
-	(d)	has sexual intercourse or performs an indecent act upon the other person while that other person is asleep, and that other person has not consented to the sexual intercourse or the performance of the act before falling asleep;  or
+(b)	by means of a fraudulent misrepresentation induces the other person to believe that something other than sexual intercourse or an indecent act, as the case may be, is taking place;  or
-	(e)	has sexual intercourse or performs an indecent act upon the other person while that other person is hypnotised or intoxicated from the consumption of drugs or alcohol so as to be incapable of giving consent to the sexual intercourse or the performance of the act, and that other person has not consented to the sexual intercourse or the performance of the act before becoming so hypnotised or intoxicated.
+(c)	induces the other person to have sexual intercourse or to submit to the performance of the indecent act, as the case may be, by impersonating that other person's spouse, or lover;  or
+(d)	has sexual intercourse or performs an indecent act upon the other person while that other person is asleep, and that other person has not consented to the sexual intercourse or the
+performance of the act before falling asleep;  or
+(e)	has sexual intercourse or performs an indecent act upon the other person while that other person is hypnotised or intoxicated from the consumption of drugs or alcohol so as to be incapable of giving consent to the sexual intercourse or the performance of the act, and that other person has not consented to the sexual intercourse or the performance of the act before becoming so hypnotised or intoxicated.
 (2)  The burden of proving that a person referred to in paragraph (d) or (e) of subsection (1) gave consent to sexual intercourse or the performance of an indecent act before falling asleep or becoming hypnotised or intoxicated, as the case may be, shall lie with the person charged.
-	Sexual intercourse or performing indecent acts with young persons
+'''70	Sexual intercourse or performing indecent acts with young persons'''
-	(a)	has extra-marital sexual intercourse with a young person;  or
-	(b)	commits upon a young person any act involving physical contact that would be regarded by a reasonable person to be an indecent act;  or
+(a)	has extra-marital sexual intercourse with a young person;  or
-	(c)	solicits or entices a young person to have extra-marital sexual intercourse with him or her or to commit any act with him or her involving physical contact that would be regarded by a reasonable person to be an indecent act;
+(b)	commits upon a young person any act involving physical contact that would be regarded by a reasonable person to be an indecent act;  or
+(c)	solicits or entices a young person to have extra-marital sexual intercourse with him or her or to commit any act with him or her involving physical contact that would be regarded by a reasonable person to be an indecent act;
 shall be guilty of sexual intercourse or performing an indecent act with a young person, as the case may be, and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 (2)  It shall be no defence to a charge of sexual intercourse or performing an indecent act with a young person to prove that he or she consented to such sexual intercourse or indecent act.
 (3)  It shall be a defence to a charge under subsection (1) for the accused person to satisfy the court that he or she had reasonable cause to believe that the young person concerned was of or over the age of sixteen years at the time of the alleged crime:
 Provided that the apparent physical maturity of the young person concerned shall not, on its own, constitute reasonable cause for the purposes of this subsection.
-	(i)	has sexual intercourse with a female person below the age of twelve years, shall be rape;  or
-	(ii)	commits upon a female or male person below the age of twelve years any act referred to in subsection (1) of section sixty-six, shall be aggravated indecent assault;
-	(iii)	commits upon a female or male person below the age of twelve years any act involving physical contact (other than an act referred to in subsection (1) of section sixty-six) that would be regarded by a reasonable person to be an indecent act, shall be indecent assault;
+(i)	has sexual intercourse with a female person below the age of twelve years, shall be rape;  or
-	(iv)	without the consent of a female person of or above the age of twelve years but below the age of sixteen years, has sexual intercourse with that female person, shall be rape;  or
-	(v)	without the consent of a female or male person of or above the age of twelve years but below the age of sixteen years, commits upon that female or male person any act referred to in subsection (1) of section sixty-six, shall be aggravated indecent assault;
+(ii)	commits upon a female or male person below the age of twelve years any act referred to in subsection (1) of section sixty-six, shall be aggravated indecent assault;
-	(vi)	without the consent of a female or male person of or above the age of twelve years but below the age of sixteen years, commits upon that female or male person any act involving physical contact (other than an act referred to in subsection (1) of section sixty-six) that would be regarded by a reasonable person to be an indecent act, shall be indecent assault;
-		and not sexual intercourse or performing an indecent act with a young person;
+(iii)	commits upon a female or male person below the age of twelve years any act involving physical contact (other than an act referred to in subsection (1) of section sixty-six) that would be regarded by a reasonable person to be an indecent act, shall be indecent assault;
-	(b)	a young person shall be deemed not to have consented to sexual intercourse, or to any act involving physical contact that would be regarded by a reasonable person to be an indecent act, in any of the circumstances referred to in section sixty-nine, in which event the person accused of having sexual intercourse or performing an indecent act with the young person shall be charged with rape, aggravated indecent assault or indecent assault, as the case may be.
-	Sexual crimes committed against young or mentally incompetent persons outside Zimbabwe
+(iv)	without the consent of a female person of or above the age of twelve years but below the age of sixteen years, has sexual intercourse with that female person, shall be rape;  or
+(v)	without the consent of a female or male person of or above the age of twelve years but below the age of sixteen years, commits upon that female or male person any act referred to in subsection (1) of section sixty-six, shall be aggravated indecent assault;
+(vi)	without the consent of a female or male person of or above the age of twelve years but below the age of sixteen years, commits upon that female or male person any act involving physical contact (other than an act referred to in subsection (1) of section sixty-six) that would be regarded by a reasonable person to be an indecent act, shall be indecent assault;
+and not sexual intercourse or performing an indecent act with a young person;
+(b)	a young person shall be deemed not to have consented to sexual intercourse, or to any act involving physical contact that would be regarded by a reasonable person to be an indecent act, in any of the circumstances referred to in section sixty-nine, in which event the person accused of having sexual intercourse or performing an indecent act with the young person shall be charged with rape, aggravated indecent assault or indecent assault, as the case may be.
+'''71	Sexual crimes committed against young or mentally incompetent persons outside Zimbabwe'''
 	(a)	the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy;  or
 	(b)	an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);

Difference between revisions of "Zimbabwe Criminal Code"

Revision as of 14:25, 30 April 2010

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