Sexual Offences Special Provisions Act

Chapter 101

Sexual Offences Special Provisions Act

Tanzania

Sexual Offences Special Provisions Act

Chapter 101

  • Published in Tanzania Government Gazette
  • Commenced on 1 July 1998
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[s.2; Act No. 4 of 1998]An Act to amend several written laws, making special provisions in those laws with regard to sexual and other offences to further safeguard the personal integrity, dignity, liberty and security of women and children.

Part I – Preliminary provisions (ss. 1-2)

1. Short title

This Act may be cited as the Sexual Offences Special Provisions Act.

2. Interpretation

In this Act, except where the context requires otherwise—"boy" means a male person of the age of under eighteen years;"girl" means a female person of the age of under eighteen years;"gross indecency" means any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behaviour without any physical contact;"hospital" means the precincts of a hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;"injury" means an actual harm caused to a person and includes physical, mental and psychological suffering;"man" means any male person above the age of eighteen years;"prohibited sexual intercourse" means sexual intercourse between persons who are not spouses to each other;"separated" means and includes separation arranged by the family, clan elders without the parties going to court or otherwise;"sexual abuse" means illegal sexually oriented acts or words done or said in relation to any person for gratification or for any other illegal purposes;"sexual intercourse" whether natural or unnatural, shall, for the purpose of proof of a sexual offence, be deemed to be complete upon proof of penetration only not the completion of the intercourse by the emission of seed;"sexual offence" means any of the offences created in Chapter XV of the Penal Code;"woman" means any female person above the age of eighteen years; whether or not married;"women's or children's institutions" means an institution for the reception and care of women or children, however described.[s. 3]

Part II – Amendment of the Penal Code (ss. 3-20)

3. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

4. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

5. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

6. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

7. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

8. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

9. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

10. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

11. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

12. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

13. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

14. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

15. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

16. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

17. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

18. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

19. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

20. Inclusive Amendment of Cap. 16

[Amends the Penal Code.][ss. 4-21]

Part III – Amendment of the Criminal Procedure Act (ss. 21-25)

21. Inclusive Amendment of Cap. 20

[Amends the Criminal Procedure Act.][ss. 22-26]

22. Inclusive Amendment of Cap. 20

[Amends the Criminal Procedure Act.][ss. 22-26]

23. Inclusive Amendment of Cap. 20

[Amends the Criminal Procedure Act.][ss. 22-26]

24. Inclusive Amendment of Cap. 20

[Amends the Criminal Procedure Act.][ss. 22-26]

25. Inclusive Amendment of Cap. 20

[Amends the Criminal Procedure Act.][ss. 22-26]

Part IV – Amendment of the Evidence Act (s. 26)

26. Amendment of Cap. 6

[Amends the Evidence Act.][s. 27]

Part V – Amendment of the Children and Young Persons Act (s. 27)

27. Amendment of Cap.13

[Amends the Children and Young Persons Act.][s. 28]

Part VI – Amendment of the Minimum Sentences Act (ss. 28-29)

28. Amendment of Cap. 90

[Amends of the Minimum Sentences Act.][ss. 29-30]

29. Amendment of Cap. 90

[Amends of the Minimum Sentences Act.][ss. 29-30]
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History of this document

31 July 2002 this version
Consolidation
01 July 1998
Commenced

Cited documents 0

Documents citing this one 511

Judgment 502
1. Selemani Makumba vs Republic (Criminal Appeal 94 of 1999) [2006] TZCA 96 (21 August 2006) 45 citations
2. Leonard Mwanashoka vs Republic (Criminal Appeal No. 226 of 2014) [2015] TZCA 294 (24 February 2015) 39 citations
3. Damian Ruhele vs Republic (Criminal Appeal 501 of 2007) [2012] TZCA 160 (2 March 2012) 13 citations
4. Josephat James vs Republic (Criminal Appeal 316 of 2010) [2012] TZCA 159 (1 October 2012) 9 citations
5. George Lucas Marwa vs Republic (Criminal Appeal No.382 of 2019) [2023] TZCA 17424 (19 July 2023) 7 citations
6. Haji Omary vs Republic (Criminal Appeal No. 307 of 2009) [2015] TZCA 313 (30 September 2015) 6 citations
7. Tito Paulo Kuchungura vs Republic (Criminal Appeal No. 570 of 2020) [2023] TZCA 17992 (13 December 2023) 6 citations
8. Ngolo s/o Mgagaja vs Republic (Criminal Appeal No. 331 of 2017) [2021] TZCA 624 (1 November 2021) 5 citations
9. Onesmo Laurent @ Salikoki vs Republic (Criminal Appeal 458 of 2018) [2022] TZCA 594 (30 September 2022) 5 citations
10. Sostenes s/o Nyazagiro vs Republic (Criminal Appeal No. 12 of 2013) [2013] TZCA 434 (7 May 2013) 5 citations
Law Reform Report 4
1. Criminal Law as a Vehicle for the Protection of the Right to Personal Integrity, Dignity and Liberty of Women
2. Flow of Justice in Tanzania
3. Introduction of Currency Points in Tanzania
4. Review and Drafting of the Proposed Provisions for Amendment of the Sexual Offences Laws as Amended by SOSPA 1998
Act 3
1. Criminal Procedure Act 7953 citations
2. Minimum Sentences Act 400 citations
3. Rural Farmlands (Acquisition and Regrant) Act 5 citations
JOT Documents and Guidelines 1
1. Gender Bench Book On Women’s Rights
Ordinance 1
1. Penal Code 15079 citations