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In February 2013, a magistrate jailed Gugulethu Tshuma, a 20-year-old man, for an effective year in prison without the option of a fine after he pleaded guilty to abusing a 14-year-old girl.On appeal, Justice Andrew Mutema blasted the magistrate for being “too harsh”.Writing in The Chronicle today, he said: “While it’s often said the age of consent in Zimbabwe is 16 years, it is on analysis, effectively 12 years for girls.The law says a young person is under 16, but it’s only girls under 12 who’re protected by the irrefutable presumption that they’re incapable of consenting to sex.“A man who has sex with a 12-year-old girl may be able to escape the charge of rape if he can show that the girl was capable of giving consent and that she gave consent.
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Writing on Twitter last Saturday, Prof Moyo said: “There are no extenuating circumstances in statutory rape (sex with a young person).
A child below 16 cannot consent to any sexual act.“In Zimbabwe, the legal age of consent is 16.”Chiedza Simbo, the former director of the Zimbabwe Women Lawyers Association, said the categorisation of sexual offences opened too many loopholes. we’ve some clauses talking of children under 14 or under 12 years.“We can’t have a Grade 7 pupil consenting to sexual intercourse.