Myths About Rape in Zambia

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INTRODUCTION Rape is a sexual assault involving sexual assault involving sexual intercourse initiated against one or more individuals without the consent of those individuals. If consent was present, it is usually against the will of the victim or victim incapable of making consent. The term rape is sometimes used interchangeably with the term sexual assault . To ever prevent rape, it is required of society to be honest about the realities of rape as rape perpetrators and survivors live within the society. Instead, a cloud of negative assumption has been created by society around rape to protect themselves from some uncomfortable truths. These are an assumption that prevent culture from progressing and continues to perpetuate sexual violent environment in society. This legal paper will attempt to answer the question by discussing rape and its elements, the negative assumption of rape in Zambia with reference to decided cases. Rape is a sexual offence, which is defined in Zambia by the penal code, cap 87 section132. For the court to find the accused guilty, the prosecution must prove beyond reasonable doubt any of the factors mentioned above. However, it remains a challenge for the prosecution to prove that any of the factors above was the cause of the consent. For example, there is no standard set as to measure the amount of force the victim is subjected as to give consent to the rape. The onus proband lies with the prosecution to go through that process to have the accused guilty. In the English Law, the definition of rape has transformed over a period and the most latest is in the Sexual Offences Act 2003 section1. However, this section should not be used in isolation but in conjunction with other section in the same Act. However, such evolvement of the law, the courts still encounter challenges of proof of consent each time they are confronted with cases

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