My wife beats me

I am a married man living in Tanzania. At first, my marriage was enjoyable. However, later my wife developed habits of repeatedly beating and injuring me. I have remained silent because I believe legal protection against domestic violence is available only to women. Following a particularly serious assault, I wish to report the matter and end the abusive marriage. What criminal and matrimonial remedies are available to me under Tanzanian law?

RG, Dodoma

We are sorry to hear about your story. The Tanzanian law protects everyone irrespective of their sex or marital status. Article 13 of the Constitution guarantees every person equality and equal protection before the law. Thus, your wife’s conduct may constitute common assault under the Penal Code or, where it causes injury, assault occasioning actual bodily harm under the same law, which carries a possible term of imprisonment of up to 5 years. You should report the assaults to the police and medical treatment, and preserve medical records, messages and witness details as evidence. The fact that the alleged offender is your wife does not excuse the criminal conduct.

It should also be noted that repeated physical violence may constitute cruelty and evidence that the marriage has broken down irreparably under section 107(2)(c) of the Law of Marriage Act, Cap. 29. You may, therefore, petition for judicial separation or divorce, ordinarily after referring the matrimonial dispute to a Marriage Conciliation Board, unless a statutory exception applies. Should you face immediate danger, you should leave the shared residence where safely possible and seek urgent police and legal assistance. We advise you not to retaliate, except to use reasonable and proportionate force genuinely necessary for self-defence.