2.3.1. COMPLICITY IN THE COMMISSION OF SEXUAL CRIMES It is important that the issue of complicity in the commission of sexual crimes against children is highlighted. In some instances such as cases where young children are married off, there is more than one perpetrator; other people are involved in the commission of the offence. Section 76 of the Criminal Law (Codification and Reform) Act deals with Complicity in Sexual Crimes. It states in relevant part that: For the avoidance of doubt it is declared that any person who(a) being the owner or occupier of any premises, knowingly permits another person on the premises to commit rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person, sodomy, bestiality or sexual intercourse within a prohibited degree of relationship; or (b) detains a person with the intention that a crime referred to in paragraph (a) should be committed by another person against the person so detained; may be charged with being an accomplice or accessory to the commission of the crime concerned, or with kidnapping or unlawful detention, or both. It is not often that people are charged with complicity in the commission of sexual crimes, but some of the case studies cited below suggest that there is need for all stakeholders to re-consider this aspect, but in particular the police. In order for this to happen, the police should be encouraged to stop looking at just the primary perpetrator, but should consider investigating anyone who might be implicated in the commission of the offence. 2.3.2. RAPE AND HIV TRANSMISSION In a country with significant rates of HIV prevalence, children who are raped run the very real risk of being infected1. This underscores the need to ensure that the Protocol is implemented fully not just to prevent infection through provision of post exposure prophylaxis, but also from 1 the perspective of ensuring effective prosecution of the offender. Section 79 of the Act deals with deliberate transmission of HIV and states that: (1)Any person who(a) knowing that he or she is infected with HIV; or (b) realising that there is a real risk or possibility that he or she is infected with HIV; Intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting, another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that person, and shall be liable to imprisonment for a period not exceeding twenty years. 9 5