Defilement crime to cover ages 17 and 18
Gender activists are optimistic that a bill to amend the Penal Code to increase defilement age from 16 to 18 years will reduce such cases which are rampant in the country.
According to a memorandum dated July 26 2022, the Bill seeks to amend miscellaneous provisions under the Penal Code (Cap 7:01) to decriminalise sedition; and enhance the legal framework for terrorism, sexual offences against children and persons with mental disabilities, and money laundering.
On Wednesday, Minister of Gender, Community Development and Social Welfare Patricia Kaliati delivered a ministerial statement in Parliament on the status of child protection in Malawi, saying the amendments were mainly on the definition of a child and the minimum age for marriage.
Reads the statement in part: “Following this amendment, my ministry in collaboration with the Ministry of Justice has been working on harmonising the various child-related pieces of legislation.
“At this point, I can report that the Miscellaneous (Amendment) Bill has been finalised and any time it will be brought before this House for consideration,” she said.
In an interview this week, Women Legal Resource Centre (Wolrec) executive director Margaret Kathewera Banda observed that the proposed Bill is in line with provisions in the Convention on the Rights of a Child which state that any person below the age of 18 is a child.
“Now it means more children will be covered under this provision,” she said.
On her part, gender activist Barbara Banda pointed out that once passed, the new law will align the Penal Code to the Constitution and other critical pieces of legislation.
She said: “Such harmonisation is good as it will, for instance, safeguard formerly under-covered set of constitutional minors in the ages of 16 and 17 as per the current Penal Code provision on age of defilement.”
According to Banda, it will also help to sort out what was perceived as a child justice complication as defilement cases involving minors will no longer be penalised.
“I should, nevertheless, be quick to point out that the issues in question are more complex than meets the eye. Our placing as a national network, has for instance, situated us amidst a plethora of schools of thoughts pertaining to the list of changes that are being indicated,” she said.
She said, while many gains are being pointed out on many accounts, many
potential complications are also being flagged out on the end of safeguarding the tenets of justice for all. Section138 of the Malawi Penal Code provides for a crime known as defilement which applies to anyone who has sexual contact with a girl under the age of 16.
Cases of defilement have been on the rise in the country. Last year, the Malawi Police recorded 2 387 cases of defilement, an increase from 2 343 cases which were reported in 2020.
