Statutory rape

I am head teacher at a girl’s boarding school. This school is near a famous market, and so often motorcycle driver, famously called bodaboda, conduct their activities near the school. One of the challenges we face as teachers is ensuring our students do not fall prey to the canning bodaboda drivers. Over the years, we have had several cases of students having secretly consented to sexual relations with the bodaboda drivers. This prompted the school to build a fence, but students still find ways of getting out, including jumping over. However, these cases involved students in their senior years who are usually 18 and above, so we never took matters further than reprimanding the student. Last month, it was discovered that a 23-year-old bodabodadriver was engaging in a consensual relationship with a 16-year-old junior student. The student confessed that she freely consented to the relationship, but I believe this may amount to rape. Before we contact the parents, we want to know what the law says based on this scenario. Please guide me.
NM, Kilimanjaro

We are sorry to hear about this. The Penal Code Cap 16 [R.E. 2022] (Penal Code), at section 130(1) provides that it is an offence for a male person to rape a girl or a woman. Further, a male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances described in the Penal Code. As per section 130(2)(e) this includes with or without her consent when she is under 18 years of age.

This circumstance is commonly referred to statutory rape and it occurs when an adult engages in sexual activity with a minor below the age of consent, which is 18 years. Even if the relationship is consensual, it is considered a serious criminal offence. Section 130 explicitly criminalizes such acts, emphasizing the protection of minors from exploitation.

According to section 131 of the Penal Code, the accused could face severe penalties if found guilty, including imprisonment of not less than 30 years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the Court, to the person in respect of whom the offence was committed for the injuries caused to such person.

You have not informed us about all the facts of the case, so our comments are confined to what the law provides. Please seek further assistance with the police and social welfare officers since the case involves a minor. Your lawyer may guide you further in this process.