Discussion in 'Jukwaa la Sheria (The Law Forum)' started by MashaJF, Jun 4, 2011.
Naomba kuelimishwa jamani, hivi kwa sheria za Tanzania mwanamke anaweza kumbaka mwanaume?
Kwa Tanzania sidhani. Labda mtoto. Sina sheria ya rape ya Tanzania, lakini inategemea sana na maneno waliyotumia. Nchi nyingine wanasema kubaka requires penetrations, kitu ambacho kinamu-eliminate mwanamke katika hilo hesabu!!
kama ina require penetration na mwanamke amemlazmisha mwanaume amfanyie penetration si amebaka? ubakaji upo pande zote.
Sasa mwanaumme kama kalazimishwa KUPENETRATE ujue hawezi kufanya hivyo kama hana erection!!! Hivyo mwanamke hawezi kumbaka mwanaumme (kwa njia za kawaida) ...Ukisikia mwanaumme anasema KABAKWA wakati yeye kaPENETRATE kwa mwanamke UJUE KAKUBALI MWENYEWE HUYO NJEMBA!!!!
Asante! Naona huyu alitaka kubisha bisha tu. Cases nyingi za kubaka kutoka kwa wanawake to wanaume zinakuwa kwa under-aged men. Kwa mfano mtoto wa miaka 12 na mwalimu wake. Huyu ndio unaweza kusema alikuwa hana intention ya kubaka.
Hichi ni kitu very rare.
Rape is a form of assault where one individual forces another to have sexual intercourse against that person's will. Simply, its forcing a person to submit to any sex act. Hivyo, a woman can rape a man...........
Tell me how can a woman force a MAN INTO AN ERECTION and i will accept a case of WOMAN RAPING A MAN:shut-mouth:
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.
(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.
Ila mwanamke anaweza kushtakiwa kwa gang rape (Soma Section 131A hapo juu kama alishiriki kumsaidia mwanaume kupiga mande au kwa kutumia section 138 C na 138 D ambazo zinadeal na offience hizi hapa chini:
138C. Grave sexual abuse Act No. 4 of 1998 s. 12
(1) Any person who, for sexual gratification, does any act, by the use of his genital or any other part of the human body or any instrument or any orifice or part of the body of another person, being an act which does not amount to rape under section 130, commits the offence of grave sexual abuse if he does so in circumstances falling under any of the following descriptions, that is to say–
(a) without the consent of the other person;
(b) with the consent of the other person where the consent has been obtained by the use of force, threat, or intimidation or putting that other person in fear of death or of hurt or while that other person was in unlawful detention;
(c) with the consent of the other person where such consent has been obtained at a time the other person was of unsound mind or was in a state of intoxication induced by alcohol or any drugs, matter or thing.
(2) Any person who–
(a) commits grave sexual abuse is liable, on conviction to imprisonment for a term of not less than fifteen years and not exceeding thirty years, with corporal punishment, and shall also 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 that person;
(b) commits grave sexual abuse on any person under fifteen years of age,
is liable on conviction to imprisonment for a term of not less than twenty years and not exceeding thirty years, and shall also be ordered to pay compensation of an amount determined by the court to any person in respect of whom the offence was committed for injuries caused to that person.
[PCh16s138D]138D. Sexual harassment Act No. 4 of 1998 s. 12
(1) Any person who, with intention, assaults or by use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person, commits an offence of sexual harassment and is liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding two hundred thousand shillings or to both the fine and imprisonment, and may also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person.
(2) Whoever, intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object including any organ whether male or feminine, intending that such word or sound shall be heard, or that the gesture or object shall be seen, by the woman, or intrudes upon the privacy of the woman, commits the offence of sexual harassment.
(3) For the avoidance of doubt, unwelcome sexual advances by words or actions used by a person in authority, in a working place or any other place, shall constitute the offence of sexual harassment.
(4) For the purposes of this section an assault may include any act which does not amount to rape under section 130.
(5) No prosecution for an offence under this section shall be instituted or continued where the complaint is made by the alleged victim at any time more than sixty days after the occurrence of the event constituting the offence.
hao ndo wanaongoza kwa huo ujinga wa kubaka aisee...............
Naomba ulink na sheria za Tanzania
Nime kuthank, nitatafuta muda over the weekend ku-go through it
Women can be convicted in statutory rape...., a woman having sex with a minor..., lakini for a grown up man itakuwa vigumu kusema kwamba there was no consent in your part; how can you say you did not do it willingly unless labda useme it was a sexual assault but to rape or maybe attempted rape
hey penetration in moja wapo tu ya element pia wanasema kwa kulazimisha kufanya tendo hilo issue ni kwamba mwanaume hawezii kulazimishwa kufanya tendo hilo kwani ni hadi hicho kitu kisimame na kukaza kitu ambacho kama hujakubali basi haiwezi simama na kusababisha peneration. badala yake tunasema amedhalilishwa hiyo ni sheria za tanzania
nimepita hapa, asante.
Citation, definition,interpretation na application ya sheria hii moja kwa moja imemlenga mwanaume! na niliwahi kujadili na wanasheria fulani kuhusu ubaya wa sheria hii inayokiuka misingi na matakwa ya kisheria wakakubari kwamba ni mojawapo ya sheria zilizo katika mchakato wa kufanyiwa marekebisho sijui walishafikia wapi na hili!
Kati ya matakwa ya msingi ya sheria ni kwamba it should not be bias and it should be uniform in applications, mpaka hapo utaona kwamba mwanamke amebaguliwa na sheria hii!, je tunaposema under eighteen, je hakuna wanawake wanaofanya mapenzi na vivulana vidogo kama kesi ya juzi kigogo luhanga binti wa miaka 16 na kavulana ka miaka 3 kwenye pagale!.
Huo ni mfano tu lakini tunapposema under influence of non other than consent, je hakuna wanawake wanao sex na viserengeti boys kwa kuvishawishi na kuvirubuni kwa vipesa na matumizi madogo madogo rejea heka heka ya Dina Marrios tarehe siikumbuki mama mmoja amteka mvulana na kumuweka kinyumba na kisha wazazi wa mvulana wakavamia nyumba hiyo na kumtoa kijana wao maeneo ya keko!
Udhaifu wa sheria hii unajitokeza tena upande wa ushaidi wa ku prove kesi yenyewe, kwa mfano ni lini itakuwa declared ni consent au sio consent? kwa mfano kama mwanamke amekubaliana na mwanaume wakaenda kufanya kitendo ghafla akamgeuka na kusema amebakwa, kuna relief gani kwa mtuhumiwa kueleza kuwa yalikuwa ni makubaliano ila mwenzake kamgeuka?!
Naweza kusema mengi lakini nafupisha kusema kwamba sheria hii ilitungwa under political influences na waliolipwa na NGOs za kutoka Westerns ili kushinikiza sheria hii kutungwa na kupitishwa hapa mwaka 1995 tunawafahamu.
Pamoja na hayo sheria yenyewe ni ngumu kutekelezeka na hilo ni moja ya udhaifu wake, kwa mfano ina emphasize sex ni kwa waliooana meaning hakuna u boy friend na u girl friends je hili limefanikiwa?!
Mkuu wanawake wanaweza kushtakiwa kwa Statutory rape (having sex with minors) lakini wewe baba mzima huwezi ukasema kulikuwa hakuna consent sababu in rape there should be penetration (kwahiyo unaweza ukasema ni sex assault au attempted rape lakini sio rape
Vipi wakikudunga sindano ya viagra, na kukupa vidonge vya kukulevya, na wakatumia mbinu hiyo kujiingilia (dah!). Je watakuwa hawajakubaka!?
Yes kama kuna penetration na ukiweza kutoa evidence kwamba walikupa Viagra bila wewe kujua kwamba ni viagra utashinda kesi..., lakini nadhani itakuwa very hard kuwa-convince watu
na je,kama mwanamke kakurubuni kwa kuchezea sehemu zake nawe uko nae coz sexual ni hisia,then ukashawishika out mind,apo law in define vip?