Tanzania - Age of Consent

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TANZANIA LAWS: 1. Has a sodomy law, punishable with up to 14 years imprisonment.

Source:   http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Tanzania - Tanzanie - Tanzania                       Dar Es Salaam

I. Ages for legal purposes
Age of majority
Any person under the age of sixteen (16) years, is considered as a minor.

Age of consent for sexual activity
No information has been provided about the subject.

Age of consent for marriage
No information has been given about the subject.

II. Rape
The provisions of the chapter 16 of the Tanzania Penal Code precisally deal with offences against minors.

In order to cope with the current crime trend some of the provisions have been amended while
others were repealed in 1998. Those provisions are included in the Sexual Offences Special
Provisions Act of 1998.

Section 130 ‘Rape’ of the Penal Code as amended by Section 5 of the Sexual Offences Special
Provisions Act 1998 :

" (1) It is an offence for a male person to rape a girl or a woman.

a.A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances falling under any of the following descriptions :

b.not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse.

c.with her consent when the consent has been obtained by the use of force, threats or intimidation or by putting her in fear of death or of hurt or while she is in unlawful detention. "

III. Other forms of sexual abuse
Section 135 ‘Sexual assault on persons and indecent assault on woman’ of the Penal Code as amended by section
11 of the Sexual Offences Special Provisions Act 1998 :

" (1) Any person who, with intent to cause sexual annoyance to any person utters any words or
sound, makes any gesture or exhibits any word or object intending that such word or sound shall be
heard, or the gesture or object shall be seen, by that other person commits an offence of sexual
assault and is liable on conviction to imprisonment for a term not exceeding five years or to a fine
not exceeding three hundred thousand shillings or to both ;

where the charge for sexual assault under this section related to a boy or a girl
under the age of eighteen years, it shall be no defence to the charge that the boy or
the girl consented to the act constituting the assault. "

Section 138B ‘ Sexual exploitation of children’ is added by the Sexual Offences Special Provisions Act 1998 after
Section 138 :

" (1) Any person who
a.knowingly permits any child to remain in any premises, for the purposes of causing such a child to be sexually abused or to participatein any form of sexual activity or in any obscene or indecent exhibition show ;

b.acts as a procurer of a child for the purposes of sexual intercourse or for any form of sexual abuse or indecent exhibition or show ;

c.induces a person to be a client of a child for sexual intercourse or for any form of sexual abuse, or indecent exhibition or show, by means of print or other media, oral advertisements or other similar means ;

d.takes advantage of his influence over, or his relationship to a child to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show ;

e.threatens or uses violence toward a child to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show ;

f.gives monetary consideration goods or other benefits to a child or his parents with intent to procure the sexual for sexual intercourse or any form of sexual abuse or indecent exhibition or show
commits the offence of sexual exploitation of children and is liable upon conviction to imprisonment for a term of not less than five years and not exceeding twenty years.

(2) in this section child means a person of the age of less than eighteen years. "

Section 138C ‘Grave sexual abuse’ is added by the Sexual Offences Special Provisions Act 1998 after Section
138 :

" (1) Any person who, for sexual gratification, does any act, by the use of his genital or any other
part of the human body or any instrument on any orifice or part of the body of any other person ,
being an act which does not amount to rape under section 130, commits the offence of grave
sexual abuse if he does so in circumstances falling under any of the following descriptions, that is
to say :

a.without the consent of the other person ;

b.with the consent of the other person where the consent has been obtained
by use of force, threat or intimidation or putting that other person in fear of
death or of hurt or while that other person was in unlawful detention ;

c.with the consent of the other person where such consent has been obtained
at a time the other person was of unsound mind or was in a state of
intoxication induced by alcohol or any drugs, matter or thing,

(2) Any person who
a....
b.commits grave sexual abuse on a person under fifteen years of age,
is liable on conviction to imprisonment for a term of not less than twenty
years and not exceeding thirty years, and shall also be ordered to pay
compensation of an amount determined by the court to the person in respect
of whom the offence was committed for the injuries caused to that person. "

IV. Child prostitution
Section 139 ‘Procuration for prostitution’ of the Penal Code replaced by Section 12 of the Sexual Offences
Special Provisions Act 1998 :

" Any person who—

a.procures or attempts to procure, any person, male or female of whatever
age, whether with or without the consent of that person, to become, within
or outside the United Republic, a prostitute ;

b.procures, or attempts to procure, any person under eighteen years of age, to
leave the United Republic, whether with or without the consent of that
person, with a view to the facilitation of prohibited sexual intercourse with
any person outside the United Republic, or removes, or attempts to remove
from the United Republic that person, whther with or without the consent of
that person, for that purpose ;

c....

d.brings or attempts to bring, into the United Republic, any person under
eighteen yearsof age with a view to prohibited sexual intercourse with any
other person, inside or outside the United Republic.

Commits the offence of procuration and is liable on conviction to imprisonment for a term of not
less than ten years and not exceeding twenty years or to a fine of not less than one hundred
thousand shillings and not exceeding three hundred thousand shillings or to both the fine and the
imprisonment. "

 

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