Statutory rape or defilement

This Act criminalizes slavery in all forms and provides protection and support for victims of trafficking. As defined by the Act, "'exploitation' includes, at the minimum, induced prostitution and other forms of sexual exploitation, forced marriage, forced or bonded services, or practices similar to slavery, servitude or the removal of human organs." The definition of trafficking is comprehensive and defined in Part 2, Section 5(3) of the Act.

The victim, a minor of the age of 15, was trafficked by men including defendants I.I. and Sh. G, from Albania to Kosovo, where she was imprisoned and forced to work as dancer at multiple restaurants.  She eventually escaped and met two men who helped her find accommodations and work as a waitress.  One of the men, S.B., had sexual intercourse with her, as did D.B., the manager who hired her as a waitress.  I.I., Sh.

The Turkish Criminal Code, Article 103, Number 5237, provides sentencing for child sexual abuse without graduating the sentence in proportion to the child’s age. The Bafra High Criminal Court applied to the Constitutional Court to annul this provision, and the Court annulled the following two provisions: (1) child sexual abuse carries a sentence between eight and fifteen years; (2) child sexual molestation carries a sentence between three and eight years.

With the goal of assessing the impact of mandatory minimum sentences for sexual offences in Tanzania, this memorandum provides a comparative study with a small sample of jurisdictions – including Canada, Kenya, Lesotho, Zambia, South Africa and Tanzania - to showcase how different countries have utilized mandatory minimum sentences to address sexual offences. It also explores whether imposing mandatory minimums has resulted in a reduction of the commission of the sexual offences they target.

X was a 14-year-old girl who became pregnant and suicidal after being raped.  Her parents tried to take her to England in order to obtain a first-trimester abortion that was illegal in Ireland, but the Attorney General obtained an interim injunction from the High Court restraining the girl and her parents from leaving the country for a period of nine months or from arranging an abortion for her.

In 2005, an 8-year-old girl was grabbed in the street and taken to an inhabited home. There she was sexually assaulted by a man exposing his genitals. The victim’s mother found the child and the defendant in the abandoned home where she physically attacked him, causing him to flee. The defendant was convicted and sentenced to four years of imprisonment for acts of lust. The prosecutor challenged this decision.

This case is an appeal by the Attorney-General against a sentence imposed by the High Court for two convictions of defilement of a 13-year-old girl. The respondent was convicted on two counts of defilement and sentenced to four years and six months’ imprisonment, despite the statutory maximum of life imprisonment. The Attorney-General appealed on the ground that the sentence was manifestly inadequate. The Court of Appeal held that sentencing for defilement should begin with a minimum of five years’ imprisonment, subject to adjustments for aggravating and mitigating factors.

In 2011, the Avon Global Center for Women and Justice hosted a conference in New Delhi, India on the theme “Gender-Based Violence and Justice in South Asia.” This conference brought together over 230 participants from 16 countries, including judges, activists, scholars, and survivors, to discuss strategies to combat gender-based violence (GBV) across South Asia and globally. The conference focused on:

The appellant, a 15 year old, was charged with inciting a girl under 14 years old to commit an act of gross indecency for asking a 13 year old girl to perform oral sex with him several times; the girl repeatedly refused.  The defense argued that the appellant honestly believed the girl was over 14 years old.  The prosecution submitted the offense was one of strict liability.   The Lords held that a reasonable belief, even if mistaken, as to the victim's age was a defense to the charge