Africa

The Constitution serves as the fundamental law of Namibia and establishes the Republic of Namibia as an independent, secular, democratic, and unitary state safeguarding the rights to justice, liberty, dignity, and equality. Chapter 3 of the Constitution protects fundamental rights and freedoms, including the right to equality and freedom from discrimination, including on the grounds of sex. It also bans child marriages and mandates equal rights for men and women entering into marriage, during the marriage, and at the dissolution of the marriage.

The Constitution of the Republic of Seychelles guarantees fundamental rights and protections. Article 16 prohibits torture, cruel, inhuman, or degrading treatment, while Article 17 bans slavery and forced labor. Article 27 affirms the right to equal protection of the law and prohibits discrimination on grounds including sex. Article 31 protects children from economic exploitation and establishes a minimum employment age of 15 years. Article 32 regulates marriage, including prohibiting marriage between individuals of the same sex.

Article 21 of the Constitution of Republic of Uganda prohibits gender discrimination generally and enshrines the principle of equality before the law, regardless of sex, race, color, ethnicity, tribe, religion, political belief, or social or economic standing. Article 31 sets the minimum age for marriage at 18 and provides for equal rights between men and women during marriage and divorce. Article 33 pertains specifically to the rights of women and requires that (1) the government must provide opportunities to enhance the welfare of women and enable them to reach their full potent

Zimbabwe’s new 2013 Constitution addressed women’s rights and gender equality, and its bill of rights addressed damaging cultural and discriminatory practices. A gender commission was also established to accelerate the implementation of provisions related to women. More specifically, the Constitution recognized gender equality and women’s rights among Zimbabwe’s founding values and principles.

On appeal, the Supreme Court affirmed the lower court’s judgment that appellants, Living Counsellor, Wisdom Counsellor, and Righteous Counsellor, were guilty of rape. Their four female victims ranged from ages 7 to 12. The victims were introduced into the Kingdom Assembly Church of Africa, or the “Never Die Church,” so named because it promised followers eternal life on earth. It also promoted free sexual relations among its members. The victims testified that they were beaten and raped by members of the church.

The Criminal Code applies to the southern states of Nigeria. The Criminal Code Act distinguishes between the treatment of assault on men and assault on women, with Chapter 29 (Sections 351-356) addressing “Assaults” and Chapter 30 (Sections 357-362) addressing “Assaults on Females: Abduction.” Notably, indecent assault on a man is considered a more serious offense and carries a higher sentence than does indecent assault on a woman.

The Act was adopted to comprehensively and extensively deal with all sexual offences under a single statute. The act, inter alia, repeals the common law offences of rape and replaces it with an expanded definition of rape applicable to all form of sexual penetration without consent irrespective of gender and repeals other common law offences related to indecent assault and penetration and replaces them with broader statutory offences. 

Kriminele Wet (Seksuele Misdrywe en Verwante Aangeleenthede) Wysigings Wet 32 (2007)

Seksuele geweld en verkragting​

Section 51 of the Act provides for certain mandatory sentences and sentencing guidelines which a regional court or high court may impose and consider for, inter alia, rape and compelled rape (minimum sentences may be reduced for compelling and substantial circumstances).

Although Malawi has crimes eligible capital punishment, sections 327 and 328 of the Criminal Procedure and Evidence Code provide that any woman who receives such a sentence must undergo an inquiry to confirm that she is not pregnant before the sentence is carried out. The court will determine whether or not she is pregnant based on evidence presented. A decision that a woman is not pregnant is appealable to the Supreme Court of Appeal. A woman who is determined to be pregnant shall have her sentence changed to life imprisonment.  

The Customary Law Act aims to reconcile potential conflicts arising between customary Botswana law and Botswana’s common law. The Act pursues this aim by specifying that customary law is to be applied in customary courts only when it “is not incompatible with the provisions of any written law or contrary to morality, humanity or natural justice.” The Act thus makes presumptively invalid customary law that does not comply with common law legislation, leaves such law inapplicable in customary courts, and upholds the supremacy of the common law in Botswana.