CHAPTER 9:05

CRIMINAL LAW AMENDMENT ACT (Ordinance No. 13 of1990 as amended through Act No. 12 of 1986) (Chap. 9:05)

ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Interpretation.

3. Unlawful carnal knowledge of young girl or idiot.

4. Penalty if owner or occupier permits resort to premises for unlawful purposes.

5. Detention of female against her will for unlawful connection.

6. Brothels.

7. Pimps.

8. Female pimps.

9. Provision for arrest.

10. Offence of procuring or attempting to procure women and penalty therefor.

11.Penalty for procuring by threats or false pretences, and for administering drugs.

12. Consent of person under age of sixteen years to be no defence.

AN ACT to amend the criminal law and to make further provision for the protection of women and girls, the suppression of brothels and other purposes.

1. Short title

This Act may be cited as the Criminal Law Amendment Act.

2. Interpretation

In this Act-

'brothel' means any premises, whether a house, rooms or room, which are occupied or resorted to by a prostitute or prostitutes for the purpose of receiving or soliciting men for carnal connection;

'prostitute' includes any female who for money or reward habitually allows herself to be carnally known by several different men, or solicits several different men to have carnal connection with her.

3. Unlawful carnal knowledge of young girl or idiot

If any person-

(a) unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any girl under the age of sixteen years; or

(b) commits or attempts to commit with any such girl any immoral or indecent act; or

(c) solicits or entices any such girl to have unlawful carnal connection with him or to commit any immoral or indecent act; or

(d) unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any female idiot or imbecile woman or girl in circumstances which do not amount to rape; or

(e) commits or attempts to commit with any such idiot or imbecile any immoral or indecent act; or

(f) solicits or entices any such idiot or imbecile to have unlawful carnal connection with him or to commit any immoral or indecent acts;

he shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment:

Provided that-

(i) it shall be a sufficient defence to any charge under paragraph (a), (b) or (c) if the accused satisfies the court that-

(a) the girl at the time of the commission of the offence was a prostitute; or

(b) the accused was at such time under the age of sixteen years; or

(ii) it shall be a sufficient defence to any charge under paragraph (d), (e) or (f) if the accused satisfies the court that he did not know such female was an idiot or imbecile;

(iii) nothing in this section shall be taken to alter or limit the law in regard to rape.

4. Penalty if owner or occupier permits resort to premises for unlawful purposes

Any person who, being the owner or occupier of any premises, or having or acting or assisting in the management or control thereof, induces or knowingly allows any girl under the age of sixteen years to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such knowledge is intended to be with any particular man or generally, shall be guilty of an offence and-

(a) if such girl is under the age of twelve years, liable to imprisonment for a period not exceeding seven years; or

(b) if such girl is of or above the age of twelve years and under the age of sixteen years, liable to imprisonment for a period not exceeding four years:

Provided that it shall be a sufficient defence to any charge under this section if it appears to the court before which the charge is brought that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years.

5. Detention of female against her will for unlawful connection

(1) Any person who detains any woman or girl against her will-

(a) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or generally; or

(b)in any brothel;

shall be guilty of an offence and liable to imprisonment for a period not exceeding three years.

(2) Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connection, or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel if, with intent to compel or induce her to remain therein, such person withholds from her any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such women or girl by or by the direction of such person, such person threatens her with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

(3) No legal proceedings, whether civil or criminal, shall be taken against any woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave any premises or brothel referred to in subsection (2).

6. Brothels

Any person who-

(a) keeps or manages or acts or assists in the management of a brothel; or

(b) being the tenant, lessee or occupier of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or

(c) being the lessor, owner or landlord of any premises or the agent of such lessor, owner or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel or is wilfully a party to the continued use of such premises or any part thereof as a brothel;

shall be guilty of an offence and liable-

(i) on a first conviction to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; and

(ii) in the case of a second or subsequent conviction, to a fine not exceeding four hundred dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment:

Provided that on a second or subsequent conviction under paragraph (a) the offender, if a male person, may be sentenced to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.

7. Pimps

(1) Any male person who-

(a) knowingly lives wholly or in part on the earnings of prostitution; or

(b) solicits or importunes men for immoral purposes; or

(i) keeping, managing or assisting in the keeping of a brothel in which such prostitute is, or has been, living for immoral purposes; or

(ii) having solicited or importuned men for immoral purposes with such prostitute; or

(iii) having effected the entry of such prostitute into a brothel for the purpose of prostitution; or

(iv) having procured or brought or assisted in bringing into Zimbabwe such woman for immoral purposes; or

(v) present or past immoral connection with her;

shall be guilty of an offence and liable-

(i) on a first conviction, to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; and

(ii) on a second or subsequent conviction, to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.

(2) In any prosecution under this section, where a male person is proved to consort or live with or to be habitually in the company of a prostitute, he shall, unless he can satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution and to have contravened paragraph (a) of subsection (1).

8. Female pimps

(1) Any female person who-

(a) knowingly lives wholly or in part on the earnings of prostitution of another person; or

(b) solicits or importunes men for immoral purposes with another person; or

(i) keeping, managing or assisting in the keeping of a brothel in which such prostitute is, or has been, living for immoral purposes; or

(ii) having solicited or importuned men for immoral purposes with such prostitute; or

(iii) having effected the entry of such prostitute into a brothel for the purpose of prostitution: or

(iv) having procured or brought or assisted in bringing into Zimbabwe such woman for immoral purposes; or

(v) present or past immoral connection with her;

shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment and, in the case of a second or subsequent conviction, to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.

(2) In any prosecution under this section, where a female person is proved to consort or live with or to be habitually in the company of a prostitute, she shall, unless she can satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution and to have contravened paragraph (a) of subsection (1).

9. Provision for arrest

(1) If it appears to a magistrate or justice of the peace from information on oath that there is reason to suspect that any house or any part of a house is used by a female for purposes of prostitution and that any male residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, such magistrate or justice of the peace may issue a warrant authorizing any police officer to enter and search the house and to arrest that male person.

(2) Any person reasonably suspected of having committed an offence under section three, four, five, six or seven may be arrested without warrant by any police officer, or by any other person having reasonable and probable grounds for believing such an offence to have been committed.

10. Offence of procuring or attempting to procure women and penalty therefor

Any person who procures or attempts to procure any girl or woman-

(a) to have unlawful carnal knowledge, either inside or outside Zimbabwe, with any other person or persons; or

(b) to become, either inside or outside Zimbabwe, a common prostitute; or

(d) to leave her usual place of abode in Zimbabwe, such place not being a brothel, with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel inside or outside Zimbabwe;

shall be guilty of an offence and liable to imprisonment for a period not exceeding two years:

Provided that the evidence of one witness only shall not suffice to convict, unless such witness is corroborated in some material particular by evidence implicating the accused.

11. Penalty for procuring by threats or false pretences, and for administering drugs

Any person who-

(a) by threats or intimidation, procures or attempts to procure any woman or girl to have any unlawful carnal connection, either inside or outside Zimbabwe; or

(b) by false pretences or false representations, procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either inside or outside Zimbabwe; or

(c) applies, administers to or causes to be taken by any woman or girl any drug, matter or thing with intent to stupefy or overpower, so as thereby to enable any person to have unlawful carnal knowledge with such woman or girl;

shall be guilty of an offence and liable to imprisonment for a period of five years:

Provided that the evidence of one witness only shall not suffice to convict, unless such witness is corroborated in some material particular by evidence implicating the accused.

12. Consent of person under age of sixteen years to be no defence

It shall be no defence to any charge of indecent assault on a person under the age of sixteen years to prove that he or she consented to such indecent assault.