1.
INTRODUCTION AND BACKGROUND
Issues of age of consent, having sexual intercourse with young persons and access to sexual
and reproductive health services cannot be separated. They are intertwined. For that
reason, this publication seeks to give an overview encompassing all these issues so that the
discussion is situated within its proper and complete context.
Age of consent has remained a standing topical issue in Zimbabwe. It is the consequences
and effects of the age of consent that have continuously triggered the ongoing discussion,
ranging from the incessant child marriages, to the disturbingly high levels of child sexual
abuse. Access to health services, particularly sexual and reproductive health services, is yet
another. Are there gaps in our law and policy? Are there perhaps gaps in the
implementation of the existing legal framework? Do our law and practice conform to the
international law standards to which our country subscribes? What does our law say
concerning age of consent and protection of children from sexual abuse? What are the
implications of such laws? The questions are numerous. It is to these issues that this
discussion is devoted.
2.
DEFINING AGE OF CONSENT
Age of consent is the age at which someone can legally and competently have sexual activity
with another person. Put differently, it is the legally defined age at which a person is
deemed legally competent to consent to sexual activity. Various inscriptions can be given to
this definition, but the import remains the same.
What age of consent does is that it sets a legal demarcation in terms of age, below which
point engaging in a consensual sexual activity with someone is deemed an offence. Different
names are given to this offence in different parts of the world, the most common being
“defilement”, “statutory rape laws”, and the phrase “having sexual intercourse or
performing an indecent act with a young person”. The latter is the description used in
Zimbabwe. However, where such sexual intercourse or activity is non-consensual, the sexual
offences laws that generally apply to everyone are equally applicable, with offences such as
rape, indecent assault and aggravated indecent assault attaching, as the case may be.
3.
WHAT IS THE AGE OF CONSENT IN ZIMBABWE?
Is the age of consent in Zimbabwe 12 or 16 years? For reasons that become clearer below,
this is not a rhetorical question, but a real question for which confusion may abound, not
just among persons who are lay to the law. The age of consent in Zimbabwe is 16 years.
However, that age was not always 16 years as once upon a time, Zimbabwe’s age of consent
was 12 years. The age was raised from 12 to 16 years through an amendment to the
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