Botswana reviews sexual offence penalties
Sharon Mathala | Monday October 2, 2023 06:00
According to a Savingram dated September 14, 2023, the Minister of Justice, Machana Shamukuni officially announced that the Penal Code amendment Act of 2021, has "been amended to enhance penalties against morality, make provision for compensation of victims of sexual offences and to criminalise false allegations of sexual offences”.
The new Act says once convicted of rape, the convicts may now spend the rest of his or her life in prison. “..., any person who has been charged with the offence of rape shall, subject to Sub Sections (2) and (4), upon conviction be sentenced to a minimum terms of 20 years imprisonment or a maximum term of life imprisonment,” reads the Act. In addition, if the rape according to court findings also resulted in violence or injury to the victim, the perpetrator will have a minimum sentence of 25 years or a to a maximum life imprisonment with or without corporal punishment.
Furthermore, the new Act says if the perpetrator is found to be HIV positive and was unaware they would also get a minimum of 25 years and maximum life sentence in prison, but if the perpetrator knew of the disease according to the act, the minimum sentence will now be 30 years and maximum life sentence in prison.
Turning to guardians or parents who sexually molest children below the age of 14 and or those with disability, the new Act says their penalty will now be a minimum of 30 years. The new Act signed two weeks ago, also says, “whoever utters any word, makes any sound or gestures or exhibits any object to insult the modesty of another person or such gesture or object, is seen or not, by such other person or intrudes upon the privacy of such a person, is guilty of an offence and is liable to imprisonment for a term not exceeding one year.”
Defilement
For those convicted of defilement, where they are convicted of sexually abusing children below 18 years, the minimum charge is now 20 years or to a maximum of life in prison. If they are found to have had HIV and they were unaware the minimum penalty is 25 years but if they were aware of their status the minimum charge is now 30 years in the slammer. Further making sure they deter any acts of violence against children, government also says penalties of an attempt of rape should also be enhanced. The minimum charge is now 15 years or to a maximum of life.
Prostitution
On prostitution, the new Act reads that any person who lures another to engage in prostitution either in Botswana or elsewhere, or takes them to a brothel they will be a liable to a fine not exceeding P500,000 or to a minimum term of 15 years but not exceeding 25 years with or without corporal punishment.
Incest
For those who engage in sexual activities with relatives, the new Act reads: “Any person who knowingly has carnal knowledge of another person knowing that person to be his or her grandchild, child, stepchild, brother, sister, parent or step parent, is guilty of an offence and is liable to imprisonment of a minimum term of three years or to a maximum term of 10 years.”
False allegations
Falsely accusing another of a sexual offence is also a crime. According to the new Act, if found that one falsely implicated another for whatever reason for crime of sexual offences, the penalty is three years. “For purposes of this section, an allegation is false or misleading if at any stage of investigation or prosecution, it is proved that the alleged act did not take place. For avoidance of doubt, an acquittal for an offence under this Act does not amount to a false allegation.”