School boy charged with rape of school girl

My son aged 15 years, a form two student, is charged with rape of a 14 year old girl who is also a form two student at the same school. My son does not deny having sexual relationship with the girl but pleads a defence that the intercourse was consensual, a fact that has been admitted by the girl. Does the law allow charging a boy of 15 years with the offence of rape if there is evidence of consensual sexual intercourse? Will he be sentenced to 30 years?
HK, Mtwara

In view of section 15(3) of the Penal Code, a boy under the age of 12 years is presumed to be incapable of having sexual intercourse. Since your son is above the age of 12 years, he does not enjoy the immunity of immaturity because he is, in law, capable of having sexual intercourse.

Where the victim of rape is a girl under the age of 18 years, it does not matter that the sexual intercourse was consensual. An under 18 year girl is presumed to be incapable of consenting to having sexual intercourse but a boy between the age of 12 and 18 is presumed to be capable of having sexual intercourse with any woman or girl. So even though both the boy and the girl are under the age of 18 years and it was consensual sexual intercourse, it is the boy who can be charged with rape.

You can see that the law protects girls under the age of 18 years and not boys between the ages of 12 and 18 years.

On punishment, section 119 of the Law of the Child Act prohibits imposition of custodial sentences on a child under the age of 18 years. For that reason, your son being under the age of 18 years, cannot be sentenced to the 30 years custodial sentence for the offence of rape. The penalty the Court may impose on a child offender for the offence of rape is corporal punishment.

Wife doesn’t consent disposition of house

A government project is undergoing in our area and is now at a stage of compensating the persons whose houses are liable for demolition. Unfortunately I have three wives. Two young wives live in one house, designed as two-in-one whilst the first wife lives in a separate house and in a separate compound, which is not affected by the project. Nevertheless, the first wife participated in the construction of the two-in-one house before I got married to the younger wives. The government, before effecting the payments want my wives to consent on the disposition of the affected house. A lawyer told me that it is the two young wives who qualify to give consent but the first wife is objecting and has taken the matter to the Ward Tribunal. Is the first wife legally entitled to give a consent?
KL, Morogoro

Section 114(1) of the Land Act, R.E. 2019, (the Act), states that a mortgage of a matrimonial home, including a customary mortgage of a matrimonial home, shall be valid only if- (a) any document or form used in applying for such a mortgage is signed by, or there is evidence from the document that it has been assented to by the mortgagor and the spouses or spouses of the mortgagor living in that matrimonial home; or (b) any document or form used to grant the mortgage is signed by or there is evidence that it has been assented to by the mortgagor and the spouse or spouses living in that matrimonial home.

The principles enunciated in section 114(1) of the Act applies in other kinds of disposition of a matrimonial home other than mortgage. For that matter, as longer as the house affected by the project inhabits two younger wives, the older wife is not entitled to giving consent as she is not living in the affected house. However, the first wife is entitled to a share from the proceeds of compensation because she participated in the construction of the affected house.

Transfer of a prisoner

I have a friend who is imprisoned in a neighboring country. Last year I visited him in the prison and noted that his health condition was not good. Is there a possibility of transferring him to a Tanzanian prison?
PP, Dar

There is a possibility of transferring a prisoner from a designated country to or from Tanzania to a designated country. A designated country is a country with which the Government of Tanzania has made an agreement for transfer of prisoners subject to such conditions, exceptions and qualifications. On entering agreement with a designated country, the Minister responsible for matters of prisoners shall publish an order for the agreement in the Gazette.

If your friend is imprisoned in a designated country, he needs to initiate the process for transferring him to a Tanzanian prison from that country. You should engage with an appropriate authority responsible for transfer of prisoners for the authority to grant a permission for transfer to Tanzania.

Poor health condition can be a good ground for the authority to grant a permission. Section 5(1) of the Transfer of Prisoners Act, 2004, (the Act) stipulates that where the Minister is requested by an appropriate authority of a designated country that a prisoner or his relative applied for the transfer to Tanzania, that the designated country has agreed to such a transfer, that the country requests for such a transfer and the prisoner has consented to be transferred to Tanzania, the Minister shall, after consultation with the Attorney General, determine whether he agrees or not. Section 5(2) of the Act, enumerates the particulars which need to accompany the request. If the request for transfer is based on medical reasons, Section 5(2)(f) requires a request to be accompanied by a medical report of treatment undertaken in the designated country and recommendation for further treatment in Tanzania.