Case filed challenging marital rape and Tanzania's Penal Code

Arusha. An Arusha-based non-governmental organization (NGO) has filed a petition to challenge sanctioned marital rape.

The constitutionality of sanctioned marital rape of underage girl children is currently permitted under Section 130(2) (e) of the Penal Code.

Women and Children Welfare Support (WOCWELS) filed the constitutional case before the High Court in Dar es Salaam.

Ms Mary Mushi, the executive director and founder of the NGO is the main petitioner of the case filed as the world marked the International Women Day (IWD).

The petition has been admitted to the Court and, according to her, awaits the appointment of a judge who shall hear it. “We were inspired to file this case after noticing that the Penal Code retains the concept of child marriages outlawed in our jurisdiction,” she said.

A recent ruling by the High Court outlawed such marriages and consequent thereto perpetuating sanctioned statutory rape of girls of age 15 to 18 years.

Ms Mushi said a reading of the section of the Penal Code provoked them to challenge sanctioned marital rape of under age girls in Tanzania.

“It indicates that a girl aged 15 to 18 despite her relative young age, is deemed to have the consent to sexual intercourse with a male person who is her husband.

“We noticed and were appalled to notice that girls of similar age who remain unmarried do not have capacity to consent to sexual intercourse with a male person.”

She observed in petition notice seen by The Citizen that a married girl aged 14 is protected “and sexual intercourse with her husband is prohibited and amounts to statutory rape”.