(l) abuse derived from the following cultural or customary rites or practices that discriminate against
or degrade women—
(i) forced virginity testing; or
(ii) female genital mutilation; or
(iii) pledging of women or girls for purposes of appeasing spirits; or
(iv) forced marriage; or
(v) child marriage; or
(vi) forced wife inheritance; or
(vii) sexual intercourse between fathers-in-law and newly married daughters-in-law;
;
2.5.
CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]
This Act is particularly important for victims of sexual violence in that in Part XIVA it recognises the category of
witnesses called vulnerable witnesses. It recognises, in section 319B, that in some cases certain witnesses need
protective measures. This is because giving evidence in court might result in them suffering substantial emotional
stress. They might also be intimidated either by the proceedings or by the accused or other persons in court and so
might not be able to give evidence fully. Using factors set out in S319C which include the age of the witness and
their mental or physical condition among others, the court can ensure that protective measures are put in place to
support the vulnerable witness. This section enabled the introduction of victim friendly measures for child
witnesses especially in sexual violence cases.
2.5.1. VICTIM FRIENDLY SYSTEM
This is a set of measures designed to ensure the protection and active participation of survivors in the criminal
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justice system. The system therefore starts with the point of entry into the criminal justice system for a victim, i.e.
at the police station, where police officers trained in supporting victims of sexual violence are mandated with
conducting victim interviews and taking statements. Other provisions at this point include ensuring that the privacy
of the victim is protected as the report is being made. At the level of the court, the VFS was formalised in 1997
through an amendment to section 319 of the Criminal Procedure and Evidence Act [Chapter 9:07]. The amendment
makes specific provision for among other things; the victim having a person to support them during court
proceedings, availability of closed circuit television in all specialised courts, use of an intermediary to work with
vulnerable witnesses, use of anatomically correct dolls for child survivors and witness, in camera trials and provision
of witness expenses by government.
1
See page 16 of the Protocol on the Multi-Sectoral Management of Sexual Abuse and Violence in Zimbabwe. 2012
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