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
(1) Any person who is a citizen of Zimbabwe or ordinarily resident therein and who does anything outside
Zimbabwe to, with or against a young or mentally incompetent adult person which, if it were done in Zimbabwe,
would constitute—
(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);
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.
(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
(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.
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.
(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.
(3) For the avoidance of doubt it is declared that the competent charge against a male person who performs
anal sexual intercourse with or commits an indecent act upon a young male person—
(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
(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.
75 Sexual intercourse within a prohibited degree of relationship
(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;
“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
Select target paragraph3
Add to table of contents