MALAWI LAWS ON SEXUAL AND
GBV & ROLES OF POLICE AND
PROSECUTORS.
Presented by
EMMANUEL SOKO (ACP) MscLCM
INSPIRATION OF THE DAY
• “ Do the difficult things while they are easy
and do the great things while they are
small. A journey of a thousand miles must
begin with
a single step”
- Lao Tzu
Scope of Presentation
• Sexual Offences according to the penal
code part 15
• (a) Rape Sec. 132
• (b) Defilement Sec.138
• (c) Indecent Assault Sec. 137
• Domestic Violence Offences basing on the
Domestic Violence Act
Scope Cont….
• Sex Discrimination basing on Gender
Equity Act part II
• Criminal Procedure and Evidence Code
and the Responsibilities of the Police
officers and other service providers.
why does the law criminalize
rape or defilement and other
sexual offences
1. To protect the bodily integrity of women
and young girls
2. Offences like incest among adults and
unnatural offences are punished with the
aim of maintaining the morality of the
society.
RAPE
Definition
• Section 132 of the Penal Code provides:
• “Any person who has unlawful carnal knowledge
of a woman or girl, without her consent, or with
her consent if the consent is obtained by force or
means of threats or intimidation of any kind, or
by fear of bodily harm, or by means of false
representation as to the nature of the act, or in
the case of a married woman, by personating
her husband, shall be guilty of a felony termed
rape.”
Punishment of Rape
• Section 133 of the Penal Code provides that the
penalty is death or imprisonment for life. This
reflects the society’s disgust for the offence of
rape.
• The punishment for rape, in effect, puts the
offence on the same level with offences of
murder and treason.
•
Defilement
• Section 138 (1) of the Penal Code make it
an offence for a person to unlawfully and
carnally know any girl under the age of
sixteen.
• Whilst the offence of rape protects the
bodily and sexual integrity of women, the
offence of defilement goes further: it seeks
to protect young girls from sexual
exploitation.
Defilement Cont..
• For that matter, the offence of defilement
can be committed even if the girl consents
to the sexual intercourse.
Indecent Assault
Any person who unlawfully and indecently
assaults any woman or girl shall be guilty
of a felony and shall be liable to
imprisonment for 14 years.
PREVENTION OF DOMESTIC
VIOLENCE ACT 2006
• This act was enacted to make provision for
the prevention of domestic violence, for
the protection of persons affected by
domestic violence and for matters
connected therewith.
DOMESTIC VIOLENCE ACT
Cont….
• Section 35 states that where a court is
satisfied by information on oath that a
person is in imminent danger of physical
injury in the hands of another person in a
situation amounting to domestic violence
and needs assistance to deal with or
prevent the injury a court may issue a
warrant authorizing the police officers to
enter that premise and help the victim.
DOMESTIC VIOLENCE ACT
Cont…..
• Section 38 sub section 1 of this act states
that where an order is in force and a police
officer believes on reasonable grounds
that a person has committed a breach of
the order, the police officer may detain and
arrest that person without a warrant for the
protection of a prescribed person.
•
Duties of Police Officers
• Sec. 34 (1) States that every police officer
shall respond to every complaint or report
alleging domestic violence whether or not
the complainant is the victim.
Duties of Police Officers Cont…
• Sec. 37 states that where a police officer
has entered a premise where domestic
violence is happening he shall;
• (a) give assistance to a person who has
suffered injury
• (b) ensure the welfare and safety of a child
dependant or other vulnerable persons
who may be in the premises.
Duties of Police Officers Cont…
• (c) prevent any further breach of the law.
Responsibilities of Service
Providers
• Sec. 43 states that any service provider
may upon being aware of an incident of
domestic violence or soon thereafter as
reasonably practicable render such
assistance to the victim of domestic
violence as may be required in the
circumstances.
GENDER EQUITY ACT PART II
(Sex Discrimination)
• This Act was passed into Law recently.
• It aims at promoting gender equality, equal
integration, influence, empowerment,
dignity and opportunities, for men and
women in all functions of society, to
prohibit and provide redress for sex
discrimination, harmful practices and
sexual harassment, and promotion of
gender equality.
Prohibition of sex discrimination
• Section 4 (1) (a) of this act states that a
person shall not treat another person less
favourably than he or she would treat a
person of his or her own sex.
Prohibition of Harmful Practices
• Section 5 (1) states that a person shall not
commit, engage in, subject another person
to, or encourage the commission of any
harmful practices.
Sexual Harassment
• Section 6 (1) states that a person commits
an act of sexual harassment if he or she
engages in any form of unwanted verbal,
non verbal or physical conduct of a sexual
nature in circumstances in which a
reasonable person, having regard to all
the circumstances, would have anticipated
that the other person would be offended,
humiliated or intimidated.
Workplace Policy for Sexual
Harassment
• Section 7 (1) States that Government shall
take active measures to ensure that
employers have developed and
implementing appropriate policy and
procedures aimed at eliminating sexual
harassment in workplaces.
• By ensuring that appropriate disciplinary
action shall be taken against perpetrators.
Workplace Policy for Sexual
Harassment cont…
• Non employees subjected to sexual
harassment to lodge a complaint with the
employer of the perpetrator and
• Oblige the in charge of the work place to
deal with such complaints seriously,
Expeditiously, sensitively and ensure
confidentiality with all allegations of sexual
harassment.
Criminal Procedure and
Evidence Code
• This is found in Chapter 8:01 of the Laws
of Malawi.
• This act provides for the law relating to
procedure and evidence in a criminal
proceeding and for incidental matters.
• Victims in this act are mainly treated as
witinesses.
Evidence of victims of Sexual
Offences
• Section 71 (A) States that where a victim
of sexual offence is to give evidence in
any proceeding under this code, the court
may, of its own motion, upon application
made by a party to the proceedings, or a
victim of a sexual offence, make one or
more of the following orders;
Evidence of victims of Sexual
Offences Cont….
• a) that the court close while evidence is
being given by the witness in the
proceeding.
• b) that a screen, partition or one way glass
be placed to obscure the witness’s view of
a party to whom the evidence relates.
Evidence of victims of Sexual
Offences Cont…
• c) that the witness be accompanied by a
relative or a friend for the purpose of
providing emotional support.
• d) that the evidence of the witness be
given at a place outside the courtroom and
transmitted to the courtroom by means of
closed circuit television (CCTV)
Evidence of victims of Sexual
Offences Cont…
• Section 215 (3) gives powers to court to
intervene if sexual violence victim is being
asked scandalous or indecent questions
by either the defence or accused persons
so that the victim should not be traumitised
further.
THANKS YOU
QUESTIONS