An Exploration of National Laws Governing Prosecutions of Sexual Offences in Influencing Sexual Assault Against Women in Zanzibar
DOI:
https://doi.org/10.63104/suj.v10.i1.117Keywords:
National laws, prosecution, sexual offences, sexual assaul, ZanzibarAbstract
This paper aims at exploring the extent of national laws governing prosecutions of sexual offences in
influencing sexual assault against women in Zanzibar. The study was guided by examining the challenges
facing the national laws in governing sexual offences, and the recommended measures taken to improve the
national laws to respond the needs and demands of the community in Zanzibar in relation to sexual trials. The
study was conducted in urban west region in Zanzibar. A total of 80 respondents were sampled from 6 human
service agencies including Bububu gender desks, Madema gender desk, Zanzibar female lawyers’ association,
Tanzania media women association, department of women affairs and Mnazi Mmoja one stop center. The
target study population included female lawyers, social welfare officers, social workers and police officers.
Data was collected using questionnaire and interview methods. The study found that, the national laws
governing prosecutions of sexual offences in Zanzibar have many challenges hence resulting to the increased
behavior of sexual assault. The challenges were critically attributed to non-existence of codified SA Laws,
problems on implementation of laws, weakness of the SA related laws and continuation of SA issues despite
mounting interventions, accused with two offences but convicted with lesser punishment or one offence, and
there are no governing principles on time limit in investigating cases. Finally, the findings suggested the
codification and consolidation of SA related laws, an adoption of a single specific sexual related laws, law
reform in some provisions and fast tracking of sexual assault cases
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References
(1) D. Alexender, Sexual criminal Diagnosis: Toronto: Toronto star P.D.I, 2019, ch.32.
(2) A. Borg and E. Gall, World population. Washington DC, U.S.A: population, 2011, ch.45.
(3) C. Bunston, Depression in battered women. U.S.A: national library of medicine publishing group,
, ch.54.
(4) J. Cerveny, Hunting the sexual predators: preventing Attack, rape and lust. USA: green wood
publishing group, 2019, ch.90.
(5) F. Lennox, Post traumatic stress disorder symptoms. USA: national library of medicine publishing
group, 2016, ch.23.
(6) L. Perloff, Violence against women: an ecological framework: London: sage publication, 2016,
ch.11.
(7) H. Pardeck, Rape and sexual assault. Washington, USA: Bureau of justice statistics, 2019, ch.76.
(8) L. Reamer, Violence against women: an ecological framework: London: sage publication, 2022,
ch.234.
(9) B. Parrish, Sex without consent: young people in developing countries. Zimbabwe: zed books
limited, 2020, ch.76.
(10) S. Polowy, The prevalence and factors associated with gender based violence among
Zimbabweans deported through Bait Bridge District. Zimbabwe: Matabel south province publisher,
, ch. 211.
(11) I. Mzuri, Child widows silenced and unheard: human right suffers in Tanzania. Tanzania: Dar es
Salam University press, 2019, ch.65.
(12) LAS, The capacity gap study of law enforcement and health care institutions in dealing with
cases of gender based violence in Zanzibar. Zanzibar: Action Aid, 2019, ch.98.
(13) LSRP, A multi sectoral strategy and action plan for preventing and responding gender based
violence in Zanzibar: Zanzibar: Action Aid, 2018, ch.43.
(14) P. Rein, Protecting adolescents form harm. USA: Minnesota university press, 2019, ch.54.
(15) D. Streat, Incentive in physiology and medicine. Chicago, USA: Chicago university press, 2020,
ch.321.
(1) H. Sultan and E. Lusangi, Cognitive behavior therapy for post-traumatic stress disorder. USA:
National library of medicine publishing group, 2020, ch.235.
(16) TAWLA, Gender violence programme in emergencies. E-learning companion guide. University
of Dar es salaam. Tanzania, 2022, ch.17.
(17) TAMWA, Global and regional estimates of violence against women: prevalence and health
effects of intimate partner violence and non-partner sexual violence. TAMWA: Zanzibar, 2019,
ch.45.
(18) Zanzibar legal service center, Legal reviews of criminal cases. Zanzibar, ZLSC, 2022, ch.23.
