FOREWORD Age of consent and surrounding issues have been perennially topical in Zimbabwe. Access to adolescent sexual and reproductive health, rising levels of teen pregnancies and the all-time high illegal termination of pregnancies involving minors, the high levels of sexual abuse, and the thorny issue of child marriages have all contributed to this. For instance, following the Constitutional Court decision of Mudzuru & Anor v Minister of Justice, Legal and Parliamentary Affairs & Ors CC 12-15, the President was quoted in the public media announcing that government would look to raise the age of consent from the current 16 to 18, to align it with the constitutional protection afforded to all children below the age of 18 years. As other issues emerged and continue to emerge, such as the scourge of child prostitution in places like Epworth and the hotspots in Zimbabwe’s haulage trucking routes such as Ngundu, Beitbridge and Kazungula Border Post, the age of consent has been brought into the spotlight. Most recently, allegations of a discussion on the possible lowering of the age of consent reportedly discussed by the Parliamentary Portfolio Committee on Health in March 2019 sparked discussion on the age of consent. The Committee’s Chair was to later issue a statement, announcing that it was in fact access to sexual and reproductive health services that came under discussion as opposed to lowering the age of consent. However one takes it, the age of consent has once again been brought to the fore. Justice for Children (JCT), as an institution, has been at the forefront of child protection in Zimbabwe through the provision of legal services, legal education, and through lobby and advocacy. In close to two decades of child protection work, JCT has interfaced with child protection issues that are vital and central to the age of consent discourse. Within this context, this publication has been put together as a discussion paper to assist in shaping the discourse on the age of consent in Zimbabwe. It captures issues on the age of consent, not in isolation, but as interconnected and intertwined to other issues such as access to sexual and reproductive health services and the protection of children who have sexual intercourse with other children. The latter is particularly important in light of the fact that as JCT, a significant chunk of cases of children in conflict with the law that our lawyers handle in the criminal courts throughout the country, pertain to children charged for having sexual intercourse with a young person under section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. We trust that this publication will serve as an information pack and reference point to the discussion on the age of consent and related topics, as Child Protection Practitioners, Government, law and policy makers, parents and guardians, and children themselves address this critical but complex topic. PETRONELLA NYAMAPFENE Director, Justice for Children iii

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