Chief Justice Andrew Nyirenda has has certified as a constitutional matter the case of a 15-year-old boy who was charged with defilement for consensual sexual relationship with a girl of 13.

Various stakeholders have agreed to form a taskforce to do a compressive review and decriminalize a law which gives stiffer punishments to boys who have been convicted on consensual sex and other sexual offences against girls.

This was agreed today during a meeting involving members of the Parliamentary Committee on Legal Affairs – Director of Public Prosecution, officials from the Ministry of Justice and judiciary.

In an interview with Mij, Peter Dimba, chairperson of the Parliamentary Committee on Legal Affairs,  said there is need to decriminalize contextual sex among two adolescents,  saying other countries such as South Africa and Botswana have already done it.

Dimba said what is happening now is discrimination against boys arguing the law does not allow someone to be discriminated on the basis of gender.

He added that the review will also include laws that give softer punishments to women convicted on sexual offences against boys.

Meanwhile, Dimba said the stakeholders are also proposing for a moratorium on the law pending the review.

Mewnwhile, Chief Justice Andrew Nyirenda has certified as a constitutional matter the case of a 15-year-old boy who was charged with defilement for consensual sexual relationship with a girl of 13.

The boy was arrested earlier this year when the girl’s parents reported the matter to Police.

According to a court document Times has seen, the case will now be heard before a panel of three judges who will determine the constitutionality of the offence of defilement, to the extent that it applies to adolescents’ consensual and non-exploitative sexual relationships.

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