defilement

Judge concerned about 'overcriminalisation' of teenage sex

Many teenagers are sexually active but, in its efforts to protect children and vulnerable young people, the law is not always able to act appropriately in response. A significant new decision from the high court in Malawi raises the issue squarely and, in a section headed, ‘Overcriminalisation of factually consensual sexual intercourse’ suggests that South Africa, among others, might have found a suitable approach for the law to take.

Read judgment

Malawi’s high court judge Vikochi Chima has been reconsidering a case in which Charles Gondwe, charged with ‘defiling’ a girl a couple of years his junior, was acquitted. (‘Defiling’ is the term used in Malawi for rape of a child.)

Under-age rape trial in Malawi results in steamy judgment by court

A magistrate in Malawi has produced a decision on a statutory rape case that, in part, reads like a racy novel. The magistrate was presiding in the trial of an 18-year-old, charged with ‘defilement’ – the Malawian version of rape when the complainant is underage. At issue was the defence of the accused who said he genuinely thought the girl involved was over 16 – and in dealing with that question, the magistrate rather sensationalised the sexual history of the girl concerned.

Read judgment  

This has to be one of the most bizarre judicial decisions I have ever read. The senior Blantyre magistrate who wrote it, Elijah Blackboard Dazilikwize Pachalo Daniels, seems to have believed that if perhaps he wrote his decision in a salacious style, it would add weight to his criticism of Malawi’s youth in general, and in particular of the young woman involved in the matter before him.

Subscribe to RSS - defilement