Child rape scare: MPs seek stronger penalties

By Augusta Njoji , The Guardian
Published at 06:00 AM Sep 05 2024
Ritha Kabati (Special Seats) MP
Photo: Courtesy of National Assembly
Ritha Kabati (Special Seats) MP

DEBATE on penalties for individuals convicted of child rape resurfaced in the National Assembly yesterday, as some MPs called for significant amendments to the law, including proposals for the death penalty or castration of perpetrators.

Najma Murtaza Giga (Special Seats), in a primary question, inquired whether the government was considering a bill to impose the death penalty on those who rape children under the age of nine.

Ritha Kabati (Special Seats) noted in a supplementary question an alarming increase in rape cases, particularly featuring youths in Iringa Region, where minors under 18 are sexually assaulted by their peers.

Questioning the adequacy of current legal provisions for the young offenders she said that rape has become a pervasive habit across the country. "Some have suggested that rapists should be executed. However, could we also consider castration as a viable alternative, given the severity of the problem?"

Jumanne Sagini, Constitution and Legal Affairs deputy minister responded by pointing out that Section 131(1) of the Penal Code (Chapter 16) prescribes penalties for rape, including a minimum of 30 years imprisonment, corporal punishment, and possible compensation for the victim.

Section 131(3) asserts that if the victim is a child under 10, the penalty is life imprisonment, he said, remarking that life imprisonment means the offender's entire lifetime.

“This is the second most severe penalty, after the death penalty for treason and premeditated murder," he stated, acknowledging however that the government is examining whether to raise penalties for those who rape children under 10.

Holding the current provision of the life imprisonment penalty as a deterrent, he said the castration idea has problems. Moral decay has led to an increase in certain crimes, including rape, he stated, pointing out that such incidents are occurring in schools.

“I must emphasize that if a crime is committed by a child, it is still considered a crime,” he said.

"This child rape issue appears to be raised with emotional concern. While it is indeed distressing, the proposed measures are not covered by our current laws,” he said.

If such a measure were to be considered, it would require consensus expressed in the law review process, not just taken from suggestions by MPs, he specified.