Botswana - Age of Consent
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BOTSWANA LAWS: 1. Male homosexual conduct is illegal punishable with up to 7 years
imprisonment.
Source: http://www.odci.gov/cia/publications/factbook/geos/bc.html
Facts about the country
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Botswana - Botsuana Gaborone
I. Ages for legal purposes
No information has been received in connection with this question.
II. Rape
‘Offences Against Morality’, Section 141 of the Penal Code, CAP. 08.01
" Any male person who has unlawful carnal knowledge of a woman or girl, without her
consent,
or with her consent if the consent is obtained by force or means of threats or
intimidation of any
kind, by fear of bodily harm, or by means of false representations as to the nature of the
act, or in
the case of a married woman, by personating her husband, is guilty of the offence termed
rape. "
Article 142 determines the punishment of rape, liable to imprisonment for life with
corporal punishment, while article
143 punishes the attempt of rape, liable to imprisonment for life, with or without
corporal punishment.
III. Other forms of child sex abuse
‘Abduction of girls under sixteen (16)’, Section 144 of the Penal Code, CAP.
08.01
" Any person who unlawfully takes an unmarried girl under the age of sixteen (16)
years out of
the custody or protection of her father or mother having the lawful care or charge of her,
and
against the will of such father or mother or other person, is guilty of an offence. "
‘Indecent assaults on females’, Section 146 of the Penal Code
" (1) Any person who unlawfully and indecently assaults any woman or girl, is guilty
of an offence
and is liable to imprisonment for a term not exceeding seven years, with or without
corporal
punishment.
(2) It shall be no defence to a charge for an indecent assault on a girl under the age of
sixteen
(16) years to prove that she consented to the act of indecency unless it appears to the
court before
whom the charge is brought that the person so charged had reasonable cause to believe and
did
in fact believe that the girl was of or above the age of sixteen (16) or was his wife.
"
‘Defilement of girls under sixteen (16) years of age’, Section 147 of
the Penal Code
" (1)Any person who unlawfully and carnally knows any girl under the age of sixteen
(16) years is
guilty of an offence and is liable to imprisonment for life, with or without corporal
punishment.
(2) Any person who attempts to have unlawful carnal knowledge of any girl under the age of
sixteen (16) years is guilty of an offence and is liable to imprisonment for a term not
exceeding 14
years, with or without corporal punishment.
(3) It shall be a sufficient defence to any charge under this section if it appears to the
court before
whom the charge is brought that the person so charged had reasonable cause to believe and
did
in fact believe that the girl was of or above the age of sixteen (16) years or was his
wife. "
‘Indecent assault on boys under fourteen (14)’, Section 166 of the Penal
Code
" Any person who unlawfully and indecently assaults a boy under the age of fourteen
(14) is guilty
of an offence and is liable to imprisonment for a term not exceeding seven years. "
‘Incest by males’, Section 168 of the Penal Code
" (1) Any male person who has carnal knowledge of a female person, who is to his
knowledge his
grand-daughter, daughter, sister, or mother, is guilty of an offence and is liable to
imprisonment for
a term not exceeding five years :
Provided that if it is alleged in the indictment or summons and proved that the female
person is
under the age of thirteen (13) years, the offender shall be liable to imprisonment for
life.
(2) It is immaterial that the carnal knowledge was had with the consent of the female
person.
(3) If any male person attempts to commit any such offence as aforesaid, he is guilty of
an offence.
(4)(...) "
IV. Child prostitution
‘Procuration’, Section 149 of the Penal Code
" Any person who-
a) procures or attempts to procure any girl or woman under the age of twenty-one (21)
years to have unlawful carnal connection, either in Botswana or elsewhere, with any other
person or persons ;
b) procures or attempts to procure any woman or girl to become, either in Botswana or
elsewhere, a common prostitute ;
c) procures or attempts to procure any woman or girl to leave Botswana, with intent that
she may become an inmate of or frequent a brothel elsewhere ; or
d) procures or attempts to procure any woman or girl to leave her usual place of abode in
Botswana with intent that she may, for the purposes of prostitution, become an inmate of
or frequent a brothel either in Botswana of elsewhere,
-is guilty of an offence, and, if a male person, not being more than 40 years of age may,
at the
discretion of the court, and in addition to any term of imprisonment awarded in respect of
the said
offence, be sentenced to corporal punishment ;
Provided that no person shall be convicted of an offence under this section upon the
evidence of
one witness only, unless such witness be corroborated in some material particular by
evidence
implicating the accused. "
‘Householder, etc., permitting defilement of a girl under sixteen (16) years of age
on his premises'’ Section 151
of the Penal Code
" Any person who, being the owner or occupier of premises or having or acting or
assisting in the
management or control thereof, induces or knowingly suffers any girl under the age of
sixteen (16)
to resort to or be upon such premises for the purpose of being unlawfully and carnally
known by
any man, whether such carnal knowledge is intended to be with any particular man or
generally, is
guilty of an offence ;
Provided that it shall be a sufficient defence to any charge under this section if it
appears to the
court before whom the charge is brought that the person so charged had reasonable cause to
believe and did in fact believe that the girl was of or above the age of sixteen (16)
years. "
‘Householder, etc., permitting defilement of a girl under twelve (12) years of age on
his premises’, Section 152 of
the Penal Code
" Any person who, being the owner or occupier of premises or having or acting or
assisting in the
management or control thereof, induces or knowingly suffers any girl under the age of
twelve (12)
years to resort to or be upon such premises for the purpose of being unlawfully and
carnally known
by any man, whether such carnal knowledge is intended to be with any particular man or
generally,
is guilty of an offence and is liable to imprisonment for a term not exceeding five years
;
Provided that it shall be a sufficient defence to any charge under this section of it
appears to the
court before whom the charge is brought that the person so charged had reasonable cause to
believe and did in fact believe that the girl was of or above the age of twelve (12)
years. "
‘Detention of females for immoral purpose’, Section 153 of the Penal Code
" (1) Any person who detains an woman or girl against her will-
a) in or upon any premises with intent that she may be unlawfully and carnally
known by any man, whether any particular man or generally ; or
b) in a brothel,
-is guilty of an offence.
(2) When a woman or girl is in or upon any premises for the purpose of having any unlawful
connection, or is in any brothel, a person shall be deemed to detain such woman or girl in
or
upon such premises or in such brothel, if, with intent to compel or induce her to remain
in or upon
such premises or in such brothel, such person withholds form such woman or girl any
wearing
apparel or other property belonging to her, or where wearing apparel has been lent or
other wise
supplied to such woman or girl by or by the directions of such person, such person
threatens such
woman or girl with legal proceedings if she takes with her the wearing apparel so lent or
supplied.
(3) No legal proceedings, whether civil or criminal, shall be taken against any such woman
or
girl for taking away or being found in possession of any such wearing apparel as was
necessary
to enable her to leave such premises or brothel. "
V. Child pornography
There are no particular legal provisions dealing with child pornography.
‘Traffic in obscene publications’, Section 178 of the Penal Code
" (1) Any person who :
a) for the purpose of or by way of trade or for the purpose of distribution or public
exhibition, makes, produces or has in his possession any one or more obscene
writings, drawings, prints, paintings, printed matter, pictures, posters, emblems,
photographs, cinematograph films, gramophone records or other contrivances for
the reproduction of sound, or any other obscene objects or any other object
tending to corrupt morals ;
b) for any of the purposes above-mentioned imports, conveys, or exports, or causes
to be imported, conveyed, or exported any such matters or things or in any manner
whatsoever puts any of them in circulation ;
c) carries or takes part in any business whether public or private, concerned with
any such matters or things, or deals in any such matters or things in any manner
whatsoever, or distributes any of them publicly, or makes a business of lending any
of them ;
d) advertises or makes known by any means whatsoever with a view to assisting
the circulation of, or traffic in, any such matters or things, that a person is engaged
in any of the acts referred to in this section, or advertises or makes known how, or
from whom, any such matters or things can be procured either directly or
indirectly ; or
e) publicly exhibits any indecent show or performance or any show or performance
tending to corrupt morals,
-is guilty of an offence and is liable to imprisonment for a term not exceeding two years
and to a
fine not exceeding P200. "