Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
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against the will <strong>of</strong> the parent or <strong>of</strong> that person is guilty <strong>of</strong> an <strong>of</strong>fence.<br />
135. Sexual assault on persons and indecent assaults on women<br />
(1) Any person who, with the intention to cause any sexual annoyance to any person utters<br />
any word or sound, makes any gesture or exhibits any word or object intending that such word<br />
or object shall be heard, or the gesture or object shall be seen, by that other person commits an<br />
<strong>of</strong>fence <strong>of</strong> sexual assault and is liable on conviction to imprisonment for a term not exceeding<br />
five years or to a fine not exceeding three hundred thousand shillings or to both the fine and<br />
imprisonment.<br />
(2) Where a charge for sexual assault under this section relates to a boy or girl under the<br />
age <strong>of</strong> eighteen years, it shall be no defence to the charge that the boy or girl consented to the<br />
act constituting the assault.<br />
136. Repealed<br />
[Repealed by Act No. 4 <strong>of</strong> 1998 s. 10.]<br />
137. Defilement <strong>of</strong> idiots or imbeciles<br />
Any person who, knowing a woman to be an idiot or imbecile, has or attempts to have<br />
unlawful sexual intercourse with her in circumstances not amounting to rape, but which prove<br />
that the <strong>of</strong>fender knew at the time <strong>of</strong> the commission <strong>of</strong> the <strong>of</strong>fence that the woman was an idiot<br />
or imbecile, is guilty <strong>of</strong> an <strong>of</strong>fence and is liable to imprisonment for fourteen years, with or<br />
without corporal punishment.<br />
138. Defilement by husband <strong>of</strong> wife under fifteen, etc.<br />
(1) Any person who, being married to a woman under the age <strong>of</strong> fifteen years, has or<br />
attempts to have sexual intercourse with her, whether with or without her consent, before she<br />
has attained the age <strong>of</strong> fifteen years, is guilty <strong>of</strong> an <strong>of</strong>fence and is liable to imprisonment for ten<br />
years.<br />
(2) Any person who being a parent <strong>of</strong> or having custody <strong>of</strong> a woman under the age <strong>of</strong> fifteen<br />
years parts with the possession, or otherwise disposes <strong>of</strong>, the girl with the intention that the girl<br />
shall, while still under the age <strong>of</strong> fifteen years and whether with or without her consent, have<br />
sexual intercourse with her husband or knowing it to be likely that the woman will, while still<br />
under the age <strong>of</strong> fifteen years, have sexual intercourse, is guilty <strong>of</strong> an <strong>of</strong>fence and is liable to<br />
imprisonment for ten years.<br />
(3) Any person who procures or attempts to procure any married woman under the age <strong>of</strong><br />
fifteen years with intent that she shall have sexual intercourse with her husband, whether with<br />
or without her consent, when she is under the age <strong>of</strong> fifteen years, is guilty <strong>of</strong> an <strong>of</strong>fence and is<br />
liable to imprisonment for ten years.<br />
(4) It shall not be a defence to a charge under subsection (3) that the person procuring the
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