Africa

Amendments to Malawi’s Penal Code in 2023 included an increase of the age of “child” from 16 to under 18 years old and added sexual crimes by women against boys. Per section 138, an adult who has sexual intercourse with a child of the opposite sex is punishable by life imprisonment, or 21 years of imprisonment for attempt. It is a defense to these crimes if the perpetrator is no more than two years older than the child and the child consented.

Section 132 defines felony rape as unlawful carnal knowledge of a non-consenting woman or girl, or a consenting woman or girl if said consent was acquired by: (i) force or threats, or intimidation of any kind; (ii) fear of bodily harm; (iii) false representation as to the nature of the act; or (iv) by impersonating the husband of a married woman. Malawi’s 2023 Penal Code amendments provided penalties for sexual abuse of boys under the age of 18, but did not change the gender-specific definition of rape. Rape (Section 133) is punishable by death or imprisonment for life.

Section 160B prohibits engaging in sexual activity with a child under the age of 18, an offence punishable by 21 years of imprisonment generally and life imprisonment where there are aggravating circumstances. Aggravating circumstances include: (i) being armed or presenting as armed; (ii) being in the company of other persons; (iii) endangering the victim; (iv) acting to substantially degrade the victim; and (v) being in a relationship of proximity and authority with the child, such as a step parent, foster parent, teacher, or guardian.

Section 161 prohibits willfully and fraudulently deceiving a woman into think she is lawfully married in order to cohabitate or have sexual intercourse with her. The offence is punishable by 10 years of imprisonment. Bigamy is an offence punishable by five years of imprisonment, but remarriage is permitted where a spouse has been absent from the house for at least seven years (Section 162).

Chapter 16 sets forth criminal offenses for conduct against the family.  §16.3 provides that an abortion after 24 weeks of pregnancy is a felony, unless it is conducted by a licensed physician upon his belief that the pregnancy causes danger to the mother or the child would be born with a grave defect.

The accused, a teacher, was accused of sexually assaulting a nine-year-old girl while administering an examination to her. The girl testified that she had reported to the school where she was to be enrolled for aptitude tests. She was taken to a classroom where she found herself alone with the teacher. She said that while she was writing the exam, the teacher hugged her from behind and began fondling her breasts. She moved to another seat and finished the exam. He then lifted her up and told her that she was going to help him, but she pushed him away and ran to the principal's office.

Mrs. Petlane, the plaintiff, sued her husband, alleging that he abused her regularly and caused her to leave their marital home. The plaintiff sought relief from the physical abuse, custody of the parties’ minor child, spousal support, and child support. The defendant did not allege an inability to provide for his wife and child, but insisted that they live together if he was going to provide that support.  First, the High Court found that it had jurisdiction because the parties had a civil marriage rather than a customary marriage, as the defendant claimed.

The applicant, a married woman, was a member of the National Security Services stationed at Maseru. On 4 May 2007 she received a letter from the respondent notifying her of her transfer from Maseru to Mafeteng, though the transfer was not implemented. The transfer letter followed a complaint of sexual harassment lodged by the applicant against one of her superiors. The applicant had lodged the complaint in April 2007, and it was duly attended to.

The applicant, was a security guard. She was employed on a fixed term renewable contract, renewable upon satisfactory performance. On December 26, 2005, near the end of her employment term, one of the applicant's colleagues attacked her and attempted to rape her, only stopping after being apprehended when she shouted for help. The applicant reported the incident to her employer’s management, which convened a hearing.

After fifty-four years of marriage, Mr. Phiri divorced Ms. Zulu in 2006. She was the mother of his nine children, and they shared a matrimonial home on a farm. Throughout the course of the marriage, Mr. Phiri and Ms. Zulu acquired real property, comprising the farm, other residential houses, and a bar, as well as several vehicles. However, during the divorce proceedings Mr. Phiri sold many of the houses and gave two of the properties to his children as gifts. He kept the proceeds of the sales for himself. The local court of first instance ordered Mr.