Stiffer penalties for sex offenders
The Ministry of Defence, Justice and Security has proposed stiffer penalties for sex offenders in a Penal Code Amendment Bill published in the Government Gazette of June 4, 2021.
The Bill was developed to support the Sex Offenders Registry Act by enhancing penalties for sexual offences, and make provision for compensation of victims of sexual offences, as well as to criminalise false allegations of sexual offences.
Following the drafting of the Sexual Offenders Registry Bill late in 2020, comments from some quarters including women and childcare organisations in were that the Bill was insufficient in curbing incidences of sexual violence.
According to the Amendment Bill, a person who is charged with the offence of rape shall upon conviction be sentenced to a minimum term of 20 years imprisonment or to a maximum term of life imprisonment. Where an act of rape is attended by violence resulting in injury to the victim, the person convicted of the act of rape shall be sentenced to a minimum term of 25 years imprisonment or a maximum term of life imprisonment with or without corporal punishment.
In addition, any person convicted of the offence of rape shall be required to undergo a test for HIV or any disease as may be prescribed by the Minister before the person is sentenced by the court.
If convicted of rape and found to be HIV positive the offender will be sentenced to a minimum term of 25 years imprisonment or to a maximum term of life imprisonment with corporal punishment.
Such can also be sentenced to a minimum term of 30 years imprisonment with a maximum term of life imprisonment with corporal punishment if found to have been aware of their HIV status.
According to the Amendment Bill, a person convicted of rape, a parent, guardian or person of authority over the person against whom the act of rape is committed, will be sentenced to a minimum term of 30 years imprisonment or to a maximum term of life imprisonment with or without corporal punishment.
Any person convicted of defilement of persons under 18 years shall be sentenced to a minimum term of 20 years imprisonment or to a maximum term of life imprisonment. If convicted of such an offence and found to be HIV positive, but was unaware, such will be sentenced to a minimum term of 25 years imprisonment or to a maximum term of life imprisonment with or without corporal punishment.
In the event that the convicted person is found to be HIV positive and was aware of their status, they will be sentenced to a minimum term of 30 years or a maximum term of life imprisonment with or without corporal punishment.
According to the Bill, any person who defiles a mentally challenged person, knowing them to be mentally challenged, will be guilty of an offence and is liable to a maximum term of life imprisonment, with or without corporal punishment.
Any person who makes false allegations of rape against another person will be liable to imprisonment for a term not exceeding three years.