(2) The following persons shall be deemed for the purposes of this Part to keep a brothel— (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; (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. 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. 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. (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. (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; the first-mentioned male person alone shall be charged with sodomy. Division B: Sexual crimes 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; 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; (c) the extent of physical and psychological injury inflicted upon the person raped;