#16DaysofActivism: Sexual Violence Offences 1
Shamiso B. Masokovere-Magoko
Women and Child Rights Advocate| Development Practitioner| Policy Analyst and Advisor| Partnerships and Engagement| Research| Next Generation Foresight Practitioners Network
Today we talk about RAPE.
Rape is simply defined as when a male person knowingly has sexual intercourse with a female person without consent from the female person. When we spoke about consent we looked at what the current law on ages of consent to sexual activity says. When it comes to Rape, the offence cuts across all ages as long as CONSENT is absent during the sexual intercourse, it is RAPE. So the key factors of rape include the knowledge that consent is absent at the time of the sexual intercourse. It is important to understand what sexual intercourse means in relation to the offence of Rape.
Sexual intercourse in cases of rape requires the penetration/insertion of the male person’s penis into the female person’s vagina. Anal sexual intercourse is also regarded as Rape i.e. penetration of the anus. There are two types of penetration:- medical penetration and legal penetration.
Medical Penetration is the full penetration/insertion of the penis into the vagina. Legal Penetration is the slightest degree of penetration or even just a touch on the entrance of the vagina will be regarded as penetration and if consent is absent, then it is rape.’ It is a myth and misconception that just a touch on the vagina is not an offence. Many young girls are being tricked into not reporting their cases simply because the penis did not penetrate fully. I hope i can assist someone through this post: AS LONG AS CONSENT WAS ABSENT, AND THE PENIS CAME INTO CONTACT WITH THE VAGINA, THAT IS RAPE. Simply put, A touch is a move. REPORT!!!
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CAN?A MALE PERSON BE RAPED?
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The answer is both a Yes and No within the Zimbabwe Legal Framework.
Yes in that indeed male persons can be violated sexually particularly through anal sexual intercourse. Going with the definition given above of rape which includes anal sexual intercourse, a male person can therefore be raped. No, in that if a male person is ‘raped’, the offence in Zimbabwe is known as Aggravated Indecent Assault.
AGGRAVATED INDECENT ASSAULT
According to the Zimbabwean law, it criminalizes non-consensual anal intercourse between male persons. Those found guilty of this offence are liable to the same penalty as that of Rape cases.
Lets STOP Sexual Violence against Women and Girls. Take back your power. Report any form of abuse as soon as possible so that you can get all the assistance.