Attitudes on LGBTI people LGBTI people are disapproved of socially and the government of Zimbabwe has adopted a strong anti-gay stance against homosexuality which often leads to LGBTI people being victimised both by state agents and the society in general. It is important, therefore, to know the law and your rights so that you may protect yourself as best you can. What the Zimbabwean law says is actually a crime? • It is not criminal to be an LGBTI individual in Zimbabwe, but sexual acts between men are criminalised, whether they are consensual or not. • Consensual same sex conduct is punishable by imprisonment of not more than a year or a fine. However the courts usually impose a fine as a sentence. • Non-consensual same sex conduct which is termed ‘aggravated indecent assault,’ is a more serious crime which carries the same punishment as rape. Anyone guilty of this crime may be imprisoned for up to life imprisonment. • W hat is criminalized is not only penetrative sex, but other sexual conducts that any person may take to be inappropriate. This may include kissing, masturbation etc. • T here are no laws that criminalise sexual acts between women although women who engage in sexual acts with each other in public may be arrested for public indecency. The charge only suffices if such conduct is within the view of other people, and they are offended by such conduct. • T he punishment for public indecency is imprisonment of up to six months, but usually a fine is given. Chances of being arrested based on your sexual orientation or gender identity • If you do not engage in sexual acts with anyone of your own sex, the chances of you being arrested are greatly reduced even if you identify yourself publicly as a homosexual. However, you may be accused of having sex with someone who wishes to blackmail. • T he more sexual partners you have, the more you put yourself at risk of having your sexual activity discovered by the authorities. This is particularly true of people who engage in sexual activity with strangers. Protection under the law • Every person is entitled to protection under the law even though the law has been seriously undermined in the country. You have the right to fair treatment by the police and to a fair trial. You are equally entitled to your rights as any other person. Attitudes on Sex Workers Zimbabwean society is traditionally conservative, patriarchal and Christian dominated. It tends to view sex workers as immoral and sex workers face high levels of discrimination in all aspects of their lives. A recent Constitutional Court ruling makes it unconstitutional for the police in Zimbabwe to arrest women on charges of soliciting for sex in the absence of a male sexual partner confirming that they were offered services for a fee. This ruling does not legalise sex work, it only confirms that in a charge, the male partner must confirm that the woman approached him for services. The buying of sex is equally illegal in Zimbabwe, however the tendency is to arrest the service provider and not the customer. Although sex work is mainly performed by females, there are also male, transgender and transvestite sex workers even though they are not a common phenomena. What does the Zimbabwe law actually say is a crime? Soliciting for purposes of sex work in a public place or any place to which the public has access to. Soliciting means to offer one’s services and offering one’s services in a public place is what is criminalised in Zimbabwe. Public places can be any road, building, open space or other place of any description to which the public have access. 5