Naomba kuelimishwa jamani, hivi kwa sheria za Tanzania mwanamke anaweza kumbaka mwanaume?
Kwa sheria ya Tanzania hawezi. Soma definition ya rape hapa chini kutaka kwenye Penal Code:
129A. Definition of woman
In this Chapter "woman" means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age.
[PCh16s130]130. Rape Act No. 4 of 1998 s. 5
(1) It is an offence for a male person to rape a girl or a woman.
(2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances falling under any of the following descriptions:
(a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse;
(b) with her consent where the consent has been obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention;
(c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two;
(d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married;
(e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.
(3) Whoever–
(a) being a person in a position of authority, takes advantage of his official position, and commits rape on a girl or a woman in his official relationship or wrongfully restrains and commits rape on the girl or woman;
(b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women's or children's institution, takes advantage of his position and commits rape on any woman inmate of the remand home, place of custody or institution;
(c) being on the management or staff of a hospital, takes advantage of his position and commits rape on a girl or woman;
(d) being a traditional healer takes advantage of his position and commits rape on a girl or a woman who is his client for healing purposes;
(e) being a religious leader takes advantage of his position and commits rape on a girl or woman.
(4) For the purposes of proving the offence of rape–
(a) penetration however slight is sufficient to constitute the sexual intercourse necessary to the offence; and
(b) evidence of resistance such as physical injuries to the body is not necessary to prove that sexual intercourse took place without consent.
(5) For the purposes of this section spouses shall be deemed lawfully separated even if the separation is arranged by the family or clan members.
[PCh16s131]131. Punishment for rape Act No. 4 of 1998 s. 6
(1) Any person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person.
(2) Notwithstanding the provisions of any law, where the offence is committed by a boy who is of the age of eighteen years or less, he shall–
(a) if a first offender, be sentenced to corporal punishment only;
(b) if a second time offender, be sentence to imprisonment for a term of twelve months with corporal punishment;
(c) if a third time and recidivist offender, he shall be sentenced to life imprisonment pursuant to subsection (1).
(3) Notwithstanding the preceding provisions of this section whoever commits an offence of rape to a girl under the age of ten years shall on conviction be sentenced to life imprisonment.
[PCh16s131A]131A. Punishment for gang rape Act No. 4 of 1998 s. 7
(1) Where the offence of rape is committed by one or more persons in a group of persons, each person in the group committing or abetting the commission of the offence is deemed to have committed gang rape.
(2) Every person who is convicted of gang rape shall be sentenced to imprisonment for life, regardless of the actual role he played in the rape.
[PCh16s132]132. Attempted rape Act No. 4 of 1998 s. 8
(1) Any person who attempts to commit rape commits the offence of attempted rape, and except for the cases specified in subsection (3) is liable upon conviction to imprisonment for life, and in any case shall be liable to imprisonment for not less than thirty years with or without corporal punishment.
(2) A person attempts to commit rape if, with the intent to procure prohibited sexual intercourse with any girl or woman, he manifests his intention by–
(a) threatening the girl or woman for sexual purposes;
(b) being a person of authority or influence in relation to the girl or woman, applying any act of intimidation over her for sexual purposes;
(c) making any false representations for her for the purposes of obtaining her consent;
(d) representing himself as the husband of the girl or woman, and the girl or woman is put in a position where, but for the occurrence of anything independent of that person's will, she would be involuntarily carnally known.
(3) Where a person commits the offence of attempted rape by virtue of manifesting his intention in the manner specified in paragraph (c) or (d), he shall be liable to imprisonment for life and in any case for imprisonment of not less than ten years.
