Impregnating a schoolgirl

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My son aged 17 years is charged with an offence of impregnating a schoolgirl who is apparently aged 19 years. I wonder why my son is being charged while the girl consented, and why the girl is not charged for having sexual intercourse with someone below the age of 18 years? Why does the law protect only female students and not male students below 18 years? What is the sentence for this offence of impregnating a schoolgirl?
SK, Dodoma

Impregnating a schoolgirl is an offence under section 60A (3) of the Education Act [Cap. 353 R.E 2002] as amended by the Written Laws (Miscellaneous Amendments) Act, No.1 of 2020. The minimum penalty for impregnating a schoolgirl is 30 years imprisonment. Consent of the schoolgirl to sexual intercourse is not a defence to a charge of impregnating a schoolgirl. Consent of a girl is a defence to a charge of rape if the victim of the offence was 18 years or above at the time of commission of the offence. Even age of the schoolgirl in that she was 18 years at the time she was impregnated by the accused is not a defence to a charge of impregnating a schoolgirl.

The offence of impregnating a schoolgirl is proved by two facts: the fact that the girl impregnated was attending a primary or secondary school at the time she was impregnated and the fact that the schoolgirl was impregnated by the accused. Consent and age of the victim are immaterial considerations.

A female having sexual intercourse with a male who is under the age of 18 years is committing an offence termed ‘grave sexual abuse’ contrary to section 138C(1)(d) of the Penal Code [Cap.16 R.E 2019] as amended by the Written Laws (Miscellaneous Amendments) Act, No.1 of 2020. Therefore, the schoolgirl can also be charged with the offence of grave sexual abuse for having sexual intercourse with a boy who is under 18 years of age. It doesn’t matter whether the boy is a school going boy or not. The law prohibits having sexual intercourse with boys under the age of 18 years whether he is in school or not. The minimum penalty for having sexual intercourse with a boy under 18 years is also 30 years imprisonment.

Although the minimum penalty for impregnating a schoolgirl is 30 years imprisonment, in view of section 60A(6) of the Education Act as amended by Act No.1 of 2020, where the offender is a boy under the age of 18 years, he cannot be sentenced to 30 years imprisonment. A boy under the age of 18 years is a child so he would be sentenced according to section 119(1) of the Law of the Child Act [Cap 13 R.E 2019] which prohibits the imposition of custodial punishment to a child under the age 18 years.