Repeated unwanted requests for sexual relationship

I recently read news circulating on social media that one of the Government leaders in Tanzania reportedly made a complaint after a woman allegedly approached him repeatedly and expressed her desire to have a sexual relationship with him. The matter attracted public attention, with some people questioning whether a woman repeatedly making sexual advances, which to some people is a social matter, toward a government leader, can amount to an offence under Tanzanian law. In determining whether an offence has occurred, what factors should be considered?

MG, Dar es Salaam

We have also read news regarding the matter. Legally, some people are linking this to sexual harassment.  Sexual harassment involves unwelcome conduct of a sexual nature, but not every sexual proposition or expression of romantic interest automatically constitutes an offence. In the reported situation, the fact that a woman allegedly repeatedly expressed a desire to have a sexual relationship with a government leader does not, by itself, establish that she committed an offence. The relevant question is whether her conduct falls within the elements of a specific offence recognized under Tanzanian law.

In terms of section 138D of the Penal Code, a 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. The circumstances surrounding the alleged advances are therefore, important. We have not seen the whatsapp messages that were sent to this Government leader, but the test doesn’t change whether you are a Government leader or a normal citizen. The Court would need to consider whether the conduct was genuinely unwelcome and persistent; whether it involved threats, intimidation, coercion, blackmail, stalking, or other prohibited behaviour; and whether there was an abuse of a position of authority or another legally relevant relationship.

Consequently, the public should distinguish between morally inappropriate or embarrassing conduct, that may not be an offence, and conduct that satisfies the legal definition of an offence. A complaint does not, on its own, establish criminal liability. In this matter, the appropriate approach would be to examine the allegations, the applicable statutory provisions, and the evidence before concluding that the woman’s conduct amounted to sexual harassment or another offence. Both men and women should be careful about their approaches but at the same time should not make an approach mechanical or robotic- there are certain actions and inactions that have existed since Adam and Eve!