(d) any previous relationship between the parties; (e) the degree of offence caused to the person whose dignity was impaired or privacy was invaded by the words or conduct. (3) In order to establish a charge of criminal insult based upon an impairment of dignity, it shall be necessary to prove that the complainant felt insulted or degraded as a result of the words or conduct that form the subject of the charge: Provided that, where the complainant was, at the time of the commission of the crime (a) a child or mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996); or (b) unable, through physical disability, to hear the words or see the conduct, as the case may be; he or she shall be deemed to have felt insulted or degraded if a reasonable person would have felt insulted or degraded by the words or conduct concerned. (4) In order to establish a charge of criminal insult based upon an invasion of privacy, in that the accused observed the complainant while the complainant was in a state of partial or complete undress, it shall not be necessary to prove that the complainant was aware of the invasion of privacy when it took place, if it is proved that when the complainant did become aware of it he or she felt insulted or degraded by it. (5) It shall be a defence to a charge of criminal insult based upon an invasion of privacy for the person charged to prove that his or her conduct was motivated solely by the desire to obtain evidence of the commission of adultery by his or her spouse and that (a) he or she had reasonable grounds for believing that his or her spouse was committing or about to commit adultery; and (b) he or she had reasonable grounds for believing that he or she was not invading the privacy of innocent persons; and (c) the invasion of privacy that occurred was no more than was reasonably necessary for the purpose of obtaining evidence of his or her spouse’s adultery. (6) The defence referred to in subsection (5) shall avail a person who is (a) licensed as a private investigator in terms of the Private Investigators and Security Guards (Control) Act [Chapter 27:10]; and (b) engaged by a person to obtain evidence of the commission of adultery by the spouse of that person. (7) For the avoidance of doubt it is declared that no person in Zimbabwe is devoid of dignity, whatever his or her occupation or mode of life, and that the dignity of all persons is entitled to the protection of the law. 96 Criminal defamation (1) Any person who, intending to harm the reputation of another person, publishes a statement which (a) when he or she published it, he or she knew was false in a material particular or realised that there was a real risk or possibility that it might be false in a material particular; and (b) causes serious harm to the reputation of that other person or creates a real risk or possibility of causing serious harm to that other person’s reputation; shall be guilty of criminal defamation and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both. (2) In deciding whether the publication of a statement has caused harm to a person’s reputation that is sufficiently serious to constitute the crime of criminal defamation, a court shall take into account the following factors in addition to any others that are relevant to the particular case (a) the extent to which the accused has persisted with the allegations made in the statement; (b) the extravagance of any allegations made in the statement; (c) the nature and extent of publication of the statement; (d) whether and to what extent the interests of the State or any community have been detrimentally affected by the publication. (3) Subject to subsection (4), a person accused of criminal defamation arising out of the publication of a statement shall be entitled to avail himself or herself of any defence that would be available to him or her in civil proceedings for defamation arising out of the same publication of the same statement. (4) If it is proved in a prosecution for criminal defamation that the defamatory statement was made known to any person, it shall be presumed, unless the contrary is proved, that the person understood its defamatory significance. PART VI WITCHCRAFT, WITCH -FINDING AND C RIMES RELATED T HERETO 97 Interpretation in Part VI of Chapter V In this Part