Criminal Law Code as at 1st March 2007
63
Amendment of presumption that boys under 14 incapable of sexual
intercourse
(1) The irrebuttable presumption or rule of law that a boy under the age of fourteen years is
incapable of sexual intercourse shall not apply in Zimbabwe in relation to boys who have
reached the age of twelve years.
(2) A boy over the age of twelve years but below the age of fourteen years shall be
presumed incapable of performing sexual intercourse unless the contrary is shown on a balance
of probabilities.
(3) Subsections (1) and (2) shall not affect any presumption or rule of law relating
generally to the criminal capacity of children under the age of fourteen years.
64
Competent charges in cases of unlawful sexual conduct involving young
or mentally incompetent persons
(1) A person accused of engaging in sexual intercourse, anal sexual intercourse or other
sexual conduct with a young person of or under the age of twelve years shall be charged with
rape, aggravated indecent assault or indecent assault, as the case may be, and not with sexual
intercourse or performing an indecent act with a young person, or sodomy.
(2) A person accused of engaging in sexual intercourse, anal sexual intercourse or other
sexual conduct with a young person above the age of twelve years but of or below the age of
fourteen years shall be charged with rape, aggravated indecent assault or indecent assault, as the
case may be, and not with sexual intercourse or performing an indecent act with a young person
or sodomy, unless there is evidence that the young person⎯
(a) was capable of giving consent to the sexual intercourse, anal sexual intercourse or
other sexual conduct; and
(b) gave his or her consent thereto.
(3) A person who engages in sexual intercourse, anal sexual intercourse or other sexual
conduct with a mentally incompetent adult person shall be charged with rape, aggravated
indecent assault or indecent assault, as the case may be, unless there is evidence that the
mentally incompetent person⎯
(a) was capable of giving consent to the sexual intercourse, anal sexual intercourse or
other sexual conduct, and
(b) gave his or her consent thereto.
(4) If, in the case of a male person who engages in anal sexual intercourse or other sexual
conduct with a young male person of or below the age of fourteen years, or with a mentally
incompetent adult male person, there is evidence that the young or mentally incompetent
person⎯
(a) was capable of giving consent to the anal sexual intercourse or other sexual conduct,
and
(b) gave his consent thereto;
the first-mentioned male person alone shall be charged with sodomy.
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