Hii haiqualify kuwa offence ya rape, kwani Section 130 ya Penal Code yetu haionyeshi kuwa MWANAMKE anaweza kubaka, isipokuwa inaweza kuwa offence of gross indecency between persons under Section 138A ya Penal Code CAP 16 [RE:2002] ambayo inasomeka hivi...
138A. Acts of gross indecency between persons.
"Any person who, in public or private commits, or is party to the commission of, or procures or attempts to procure the commission by any person of , any act of gross indecency with another person, is guilty of an offence and liable on conviction to imprisonment for a term of not less than one year and not exceeding five years or to a fine not less than one hundred thousand shillings and not exceeding three hundred thousand shillings; save that where the offence is committed by a person of eighteen years of age or more in respect of any person under eighteen years of age, a pupil of a primary school or a student of a secondary school the offender shall be liable on conviction to imprisonment for a term not less than ten 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 any injuries caused to that person".
Pole sana kaka, ni vyema ukiripoti polisi ili hatua za kisheria zichukuliwe dhidi yake..