Difference between revisions of "Zimbabwe Criminal Code"

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"court" means?
 
"court" means?
(a) the Supreme Court;  or
 
  
(b) the High Court;  or
+
(a) the Supreme Court;  or
  
(c) a magistrates court;  or
+
(b) the High Court;  or
  
(d) a local court constituted in terms of the Customary Law and Local Courts Act [Chapter 7:05];  or
+
(c) a magistrates court;  or
  
(e) any other court or tribunal;
+
(d) a local court constituted in terms of the Customary Law and Local Courts Act [Chapter 7:05];  or
 +
 
 +
(e) any other court or tribunal;
  
 
whichever is hearing or has jurisdiction to hear the matter concerned;
 
whichever is hearing or has jurisdiction to hear the matter concerned;
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(2)  Subsection (1) shall not prevent a court, when interpreting any provision of this Code, from obtaining guidance from judicial decisions and legal writings on relevant aspects of?
 
(2)  Subsection (1) shall not prevent a court, when interpreting any provision of this Code, from obtaining guidance from judicial decisions and legal writings on relevant aspects of?
  
(a) the criminal law referred to in subsection (1);  or
+
(a) the criminal law referred to in subsection (1);  or
  
(b) the criminal law that is or was in force in any country other than Zimbabwe.
+
(b) the criminal law that is or was in force in any country other than Zimbabwe.
  
 
'''4 Application of Code to other enactments'''
 
'''4 Application of Code to other enactments'''
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(a) the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy;  or
+
(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);
+
 
 +
(b) an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);
 +
 
 
shall be guilty of the appropriate crime referred to in paragraph (a) or (b) and liable to be sentenced accordingly.
 
shall be guilty of the appropriate crime referred to in paragraph (a) or (b) and liable to be sentenced accordingly.
 +
 
(2)  Any person who, in Zimbabwe, conspires with or incites another person to do anything outside Zimbabwe to, with or against a young or mentally incompetent adult person which, if it were done in Zimbabwe, would constitute the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy, shall be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
 
(2)  Any person who, in Zimbabwe, conspires with or incites another person to do anything outside Zimbabwe to, with or against a young or mentally incompetent adult person which, if it were done in Zimbabwe, would constitute the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy, shall be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
 +
 
(3)  Subsections (1) and (2) shall apply whether or not the act which the person is alleged to have committed or which was the subject of his or her alleged conspiracy or incitement, as the case may be, was a crime in the place where it was committed.
 
(3)  Subsections (1) and (2) shall apply whether or not the act which the person is alleged to have committed or which was the subject of his or her alleged conspiracy or incitement, as the case may be, was a crime in the place where it was committed.
72 Prevention of conspiracy or incitement abroad to commit sexual crimes against young or mentally incompetent persons in Zimbabwe
+
 
 +
'''72 Prevention of conspiracy or incitement abroad to commit sexual crimes against young or mentally incompetent persons in Zimbabwe'''
 +
 
 
(1)  Any person who, outside Zimbabwe, conspires with or incites another person to commit the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act or sodomy in Zimbabwe with or against a young or mentally incompetent adult person shall be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
 
(1)  Any person who, outside Zimbabwe, conspires with or incites another person to commit the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act or sodomy in Zimbabwe with or against a young or mentally incompetent adult person shall be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
 +
 
(2)  Subsection (1) shall apply whether or not conspiracy or incitement to commit the crime concerned is a crime in the place where the alleged conspiracy or incitement took place.
 
(2)  Subsection (1) shall apply whether or not conspiracy or incitement to commit the crime concerned is a crime in the place where the alleged conspiracy or incitement took place.
73 Sodomy
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 +
'''73 Sodomy'''
 +
 
 
(1)  Any male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding one year or both.
 
(1)  Any male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding one year or both.
 +
 
(2)  Subject to subsection (3), both parties to the performance of an act referred to in subsection (1) may be charged with and convicted of sodomy.
 
(2)  Subject to subsection (3), both parties to the performance of an act referred to in subsection (1) may be charged with and convicted of sodomy.
 +
  
(a) who is below the age of twelve years, shall be aggravated indecent assault or indecent assault, as the case may be;  or
+
 
(b) who is of or above the age of twelve years but below the age of sixteen years and without the consent of such young male person, shall be aggravated indecent assault or indecent assault, as the case may be;  or
+
(a) who is below the age of twelve years, shall be aggravated indecent assault or indecent assault, as the case may be;  or
(c) who is of or above the age of twelve years but below the age of sixteen years and with the consent of such young male person, shall be performing an indecent act with a young person.
+
 
74 Bestiality
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(b) who is of or above the age of twelve years but below the age of sixteen years and without the consent of such young male person, shall be aggravated indecent assault or indecent assault, as the case may be;  or
 +
 
 +
(c) who is of or above the age of twelve years but below the age of sixteen years and with the consent of such young male person, shall be performing an indecent act with a young person.
 +
 
 +
'''74 Bestiality'''
 +
 
 
Any person who knowingly commits any sexual act with an animal or bird shall be guilty of bestiality and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding one year or both.
 
Any person who knowingly commits any sexual act with an animal or bird shall be guilty of bestiality and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding one year or both.
75 Sexual intercourse within a prohibited degree of relationship
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 +
'''75 Sexual intercourse within a prohibited degree of relationship'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"first cousin", in relation to any person, means the child or any descendant of the child of the uncle or aunt of such person;
 
"first cousin", in relation to any person, means the child or any descendant of the child of the uncle or aunt of such person;
 +
 
"second cousin", in relation to any person, means the child or any descendant of the child of the great-uncle or great-aunt of such person.
 
"second cousin", in relation to any person, means the child or any descendant of the child of the great-uncle or great-aunt of such person.
 +
 
(2)  Where sexual intercourse takes place between?
 
(2)  Where sexual intercourse takes place between?
(a) a parent and his or her natural child, whether born in or out of wedlock, or adopted child, whether the child is under the age of eighteen years or not;  or
+
 
(b) a step-parent and his or her step-child, whether the step-child's parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage;  or
+
(a) a parent and his or her natural child, whether born in or out of wedlock, or adopted child, whether the child is under the age of eighteen years or not;  or
(c) a brother and sister, whether of whole or half blood;  or
+
 
(d) an uncle and his niece;  or
+
(b) a step-parent and his or her step-child, whether the step-child's parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage;  or
(e) a grand-uncle and his grand-niece;  or
+
 
(f) an aunt and her nephew;  or
+
(c) a brother and sister, whether of whole or half blood;  or
(g) a grand-aunt and her grand-nephew;  or
+
 
(h) a grandparent and his or her grandchild;  or
+
(d) an uncle and his niece;  or
(i) subject to subsection (3), any person and his or her first or second cousin;  or
+
 
(j) any person and an ascendant or descendant of his or her spouse or former spouse, whether the person and his or her spouse or former spouse are or were married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are or were parties to an unregistered customary law marriage;  or
+
(e) a grand-uncle and his grand-niece;  or
(k) any person and his or her ascendant or descendant in any degree;  or
+
 
(l) any person and a descendant of a brother or sister, whether of whole or half blood;
+
(f) an aunt and her nephew;  or
 +
 
 +
(g) a grand-aunt and her grand-nephew;  or
 +
 
 +
(h) a grandparent and his or her grandchild;  or
 +
 
 +
(i) subject to subsection (3), any person and his or her first or second cousin;  or
 +
 
 +
(j) any person and an ascendant or descendant of his or her spouse or former spouse, whether the person and his or her spouse or former spouse are or were married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are or were parties to an unregistered customary law marriage;  or
 +
 
 +
(k) any person and his or her ascendant or descendant in any degree;  or
 +
 
 +
(l) any person and a descendant of a brother or sister, whether of whole or half blood;
 +
 
 
and either or both of the parties know or realise that there is a real risk or possibility that they are related to each other in any of the foregoing degrees of relationship, either or both parties to the intercourse, as the case may be, shall be guilty of sexual intercourse within a prohibited degree of relationship and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 
and either or both of the parties know or realise that there is a real risk or possibility that they are related to each other in any of the foregoing degrees of relationship, either or both parties to the intercourse, as the case may be, shall be guilty of sexual intercourse within a prohibited degree of relationship and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 +
 
(3)  It shall be a defence to a charge of sexual intercourse within a prohibited degree of relationship as between first or second cousins for the accused to prove?
 
(3)  It shall be a defence to a charge of sexual intercourse within a prohibited degree of relationship as between first or second cousins for the accused to prove?
(a) in the case of a person who is not a member of a community governed by customary law, that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins;  or
+
 
(b) in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.
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(a) in the case of a person who is not a member of a community governed by customary law, that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins;  or
 +
 
 +
(b) in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.
 +
 
 
(4)  In determining for the purposes of subsection (3) whether or not a person is a member of a community?
 
(4)  In determining for the purposes of subsection (3) whether or not a person is a member of a community?
(a) whose cultural or religious customs or traditions do not prohibit marriage between first or second cousins, a court shall have regard to the evidence of any person who, in its opinion, is suitably qualified by reason of his or her knowledge to give evidence as to the cultural or religious customs or traditions of the community concerned;  or
+
 
(b) governed by customary law, regard shall be had to all the circumstances of the person's life, including?
+
(a) whose cultural or religious customs or traditions do not prohibit marriage between first or second cousins, a court shall have regard to the evidence of any person who, in its opinion, is suitably qualified by reason of his or her knowledge to give evidence as to the cultural or religious customs or traditions of the community concerned;  or
(i) whether or not the natural parents of the person were married under the Customary Marriages Act [Chapter 5:07] or were parties to an unregistered customary law marriage;
+
 
(ii) whether or not the person lives among other members of such a community and is regarded by such other members as belonging to that community, notwithstanding that the person's natural parents were not married to each other, or were married exclusively under the Marriage Act [Chapter 5:11];
+
(b) governed by customary law, regard shall be had to all the circumstances of the person's life, including?
(iii) where the person does not live among members of such a community, whether he or she has ties to such a community by reason of his or her natural parents belonging to such a community.
+
 
 +
(i) whether or not the natural parents of the person were married under the Customary Marriages Act [Chapter 5:07] or were parties to an unregistered customary law marriage;
 +
 
 +
(ii) whether or not the person lives among other members of such a community and is regarded by such other members as belonging to that community, notwithstanding that the person's natural parents were not married to each other, or were married exclusively under the Marriage Act [Chapter 5:11];
 +
 
 +
(iii) where the person does not live among members of such a community, whether he or she has ties to such a community by reason of his or her natural parents belonging to such a community.
 +
 
 
(5)  For the avoidance of doubt it is declared that?
 
(5)  For the avoidance of doubt it is declared that?
(a) the competent charge against?
+
 
(i) a male person who has sexual intercourse with a female person without her consent who is related to him in any degree of relationship specified in subsection (2), shall be rape and not sexual intercourse within a prohibited degree of relationship;
+
(a) the competent charge against?
(ii) a female person who has sexual intercourse with a male person without his consent who is related to her in any degree of relationship specified in subsection (2), shall be aggravated indecent assault and not sexual intercourse within a prohibited degree of relationship;
+
 
(b) paragraph (i) of subsection (2) shall not apply to persons who?
+
(i) a male person who has sexual intercourse with a female person without her consent who is related to him in any degree of relationship specified in subsection (2), shall be rape and not sexual intercourse within a prohibited degree of relationship;
(i) on the fixed date are married to each other under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07] or are parties to an unregistered customary law marriage;  or
+
 
(ii) on or after the fixed date are married to each other under any foreign law.
+
(ii) a female person who has sexual intercourse with a male person without his consent who is related to her in any degree of relationship specified in subsection (2), shall be aggravated indecent assault and not sexual intercourse within a prohibited degree of relationship;
76 Complicity in sexual crimes
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 +
(b) paragraph (i) of subsection (2) shall not apply to persons who?
 +
 
 +
(i) on the fixed date are married to each other under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07] or are parties to an unregistered customary law marriage;  or
 +
 
 +
(ii) on or after the fixed date are married to each other under any foreign law.
 +
 
 +
'''76 Complicity in sexual crimes'''
 +
 
 
For the avoidance of doubt it is declared that any person who?
 
For the avoidance of doubt it is declared that any person who?
(a) being the owner or occupier of any premises, knowingly permits another person on the premises to commit rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person, sodomy, bestiality or sexual intercourse within a prohibited degree of relationship;  or
+
 
(b) detains a person with the intention that a crime referred to in paragraph (a) should be committed by another person against the person so detained;
+
(a) being the owner or occupier of any premises, knowingly permits another person on the premises to commit rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person, sodomy, bestiality or sexual intercourse within a prohibited degree of relationship;  or
 +
 
 +
(b) detains a person with the intention that a crime referred to in paragraph (a) should be committed by another person against the person so detained;
 +
 
 
may be charged with being an accomplice or accessory to the commission of the crime concerned, or with kidnapping or unlawful detention, or both.
 
may be charged with being an accomplice or accessory to the commission of the crime concerned, or with kidnapping or unlawful detention, or both.
  
Division C: Indecent or sexual conduct harmful to public morals or public health
+
'''Division C: Indecent or sexual conduct harmful to public morals or public health'''
77 Public indecency
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 +
'''77 Public indecency'''
 +
 
 
(1)  Any person who?
 
(1)  Any person who?
(a) indecently exposes himself or herself or engages in any other indecent conduct which causes offence to any other person in or near a public place, or in or near a private place within the view of such other person;  or
+
 
 +
(a) indecently exposes himself or herself or engages in any other indecent conduct which causes offence to any other person in or near a public place, or in or near a private place within the view of such other person;  or
 +
 
 
(b) knowing or realising that there is a real risk or possibility that he or she will be heard, utters or makes use of indecent or obscene language in or near a public place, or in or near a private place within the hearing of another person;  or
 
(b) knowing or realising that there is a real risk or possibility that he or she will be heard, utters or makes use of indecent or obscene language in or near a public place, or in or near a private place within the hearing of another person;  or
 
(c) sings any indecent or obscene song in or near a public place, or in or near a private place within the hearing of another person, knowing or realising that there is a real risk or possibility that he or she will be heard;  or
 
(c) sings any indecent or obscene song in or near a public place, or in or near a private place within the hearing of another person, knowing or realising that there is a real risk or possibility that he or she will be heard;  or

Revision as of 13:48, 30 April 2010