What is sexual abuse?
- Sexual abuse is any sexual contact forced on a person without the person’s consent or forcing, threatening, or tricking them into sexual activity.
- Sexual abuse is when a person has sex or sexual activities with another person or touches them in a sexual, harmful, and unwanted way.
- It includes rape, incest, defilement, and sexual activities such as kissing or fondling the breasts or genitals.
Laws on Sexual Abuse
- Rape: Rape is forceful sexual intercourse or intercourse without the consent of the individual (man or woman). If someone “consents” due to force, threat or intimidation, fear of bodily harm, the rapist making an untrue statement, pretending to be a woman’s husband, or the person is asleep it is considered rape as long as there is intercourse. Attempted rape is when a person attempts to force someone without consent to have intercourse but is unsuccessful.
- Penalties:
|
|
MINIMUM |
MAXIMUM |
|
1.Rape without violence or HIV |
10 years
|
Life imprisonment |
|
2.Rape with violence |
15 years imprisonment |
Life imprisonment, with or without corporal punishment |
|
3. Rapist with HIV but was not aware that that he had it. |
15 years imprisonment |
Life imprisonment, with corporal punishment |
|
4.Rapist with HIV and was aware that he had it |
20 years imprisonment |
Life imprisonment, with corporal punishment |
|
5.Attempted rape |
5 years imprisonment |
Life imprisonment, with or without corporal punishment |
Graph
from “Rape and Other Common Sexual Offences in Botswana” by Kofi
Acquah-Dadzie
- Defilement: It is against the law in Botswana for adults (male or female) to engage in sexual activity with a young person (boy or girl) under a certain age. The offence is called ‘defilement.’ The different between rape and defilement is even if a child under the age of defilement gives their consent, it is still considered illegal because the child is not able to make such decision. Originally, the age for defilement in Botswana was 16. A major issue right now is that Botswana has adopted the “Children’s Act” which states the age of defilement to be 18 years of age. The “Children’s Act” has not fully merged with Botswana law, meaning that currently both ages can be argued in a court of law, creating ambiguity ambiguity and confusion.
- Penalties: Any person found guilty of this offence shall be sentenced to a term of imprisonment not exceeding 14 years with or without corporal punishment.
- Incest: According to the laws of Botswana, incest is sexual activity between a parent and a child, grandparent and child, brother and sister. Incest is illegal in Botswana.
- Penalties: Any person found guilty of this offence shall be liable to imprisonment for five years.
Examples of Specific
Types of Sexual Abuse
- Rape, incest, defilement, and ungentle touch are all considered sexual abuse.
- Actual or attempted penetrative sexual intercourse with a child (penetrating the vagina/anus)
- Non penetrative sexual activity such as rubbing a penis between a child’s thighs or genitals.
- Touching a child’s sexual body parts (e.g. genitals, breasts, buttocks, etc.).
- Kissing a child in an inappropriate way that makes the child feel uncomfortable.
- Oral sex with a child (i.e. mouth to sexual parts).
- Masturbation between an adult and a child.
- Displaying or exposing a person’s genitals to a child.
- Exploitative use of a child in sex work or in pornography.
- Forced early marriage – could also be regarded as sexual abuse.
This
document has been provided by WoMen Against Rape (WAR)
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