Tanzania: age of consent, domestic violence and FGM

Tanzania has no standalone domestic violence statute: on the Mainland the Penal Code, amended by the Sexual Offences Special Provisions Act of 1998, punishes rape with life imprisonment or at least 30 years (s. 131) and the Law of Marriage Act declares that no spouse may inflict corporal punishment (s. 66), while Zanzibar applies its own Penal Act of 2018 and Children's Act of 2011. The 2022 TDHS-MIS found that 33% of ever-partnered women on the Mainland and 15% in Zanzibar had suffered violence from a husband or partner in the previous 12 months, and 116 is a free helpline on every network.

Illustration: Violence, consent and sexual offences
Location map — Tanzania
Tanzania. Simplified location map — Natural Earth data, public domain.

Domestic violence

Mainland prosecutions rest on general offences of the Penal Code: common assault carries one year's imprisonment (s. 240), assault causing actual bodily harm five years (s. 241), unlawful wounding three years (s. 228), grievous harm seven years (s. 225), and failing to supply the necessaries of life to someone in one's charge, where life or health is endangered, three years (s. 229). Section 66 of the Law of Marriage Act declares that, notwithstanding any custom to the contrary, a person has no right to inflict corporal punishment on his or her spouse, and s. 139 allows the court, during matrimonial proceedings or after a decree of annulment, separation or divorce, to order a person to stop forcing his or her company on the spouse or former spouse and to refrain from other acts of molestation. The World Bank's 2024 report located no provision on domestic violence or femicide in Tanzanian law, and UN Women's 2024 review recommends enacting, both on the Mainland and in Zanzibar, legislation that addresses and penalises all gender-based violence and unifies the existing laws.

The 2022 TDHS-MIS measured the problem: 27% of women aged 15 to 49 had experienced physical violence since the age of 15 and 12% sexual violence; among ever-partnered women 33% had suffered emotional, physical or sexual violence from a husband or partner in the 12 months before the survey (24% physical, 22% emotional, 9% sexual). The rate was 33% on the Mainland and 15% in Zanzibar, and ranged by region from 9% in Kaskazini Unguja and Kusini Pemba to 64% in Mara; 50% of divorced, separated or widowed women had experienced physical violence. Of the women who had experienced violence, 38% sought help, 13% told someone without seeking help and 49% neither sought help nor told anyone, and the commonest source of help was their own family (62%).

Violence also matters inside matrimonial proceedings. Cruelty, mental or physical, inflicted on the petitioner or the children is one of the matters the court may accept as evidence that the marriage has broken down, although proof of it does not entitle a party to a decree as of right (Law of Marriage Act s. 107(2)(c)). The rule that a divorce petition must first go to the Marriage Conciliation Board (s. 101) lists no exception for violence, but its last exception covers 'extraordinary circumstances which make reference to the Board impracticable' (s. 101(f)), and leave to petition within the first two years of marriage requires exceptional hardship (s. 100(2)).

Children are covered separately. On the Mainland the Law of the Child Act prohibits torture and cruel, inhuman or degrading treatment of a child and says no correction is justifiable that is unreasonable in kind or degree for the child's age and condition (s. 13), with a fine of up to TSh 5 million or up to six months (s. 14); the Penal Code punishes cruelty to a child by a person with custody, charge or care (ill-treatment, neglect, abandonment) with a fine of up to TSh 1 million or five to 15 years, or both (s. 169A); and a court may, on a social welfare officer's application, make a care order removing a child from a situation of significant harm for up to three years or until the child turns 18, whichever comes first (s. 18(4)). In Zanzibar the Children's Act 2011 bans violence and degrading treatment of a child but lets parents discipline a child in a way that does not injure its physical or mental well-being (s. 14), and punishes ill-treatment, neglect or abandonment of a child with five to ten years (s. 15(a)).

Services rest on policy rather than statute. The second National Plan of Action to End Violence Against Women and Children (NPA-VAWC II, 2024/25 to 2028/29) reports from the first plan 420 Police Gender Desks, 21 One-Stop Centres in 12 regions, 10 safe houses and the free 116 helpline, and sets a target of 52 One-Stop Centres and 52 safe houses. On Zanzibar, UNICEF's child protection officer said in November 2025 that gender and children's desks now exist in every police station, while the head of the Zanzibar Police Gender and Child Protection Unit reported weak public turnout at the desks' awareness sessions.

Key points

Common assault1 year (Penal Code s. 240)
Assault causing actual bodily harm5 years (s. 241)
Unlawful wounding3 years (s. 228)
Grievous harm7 years (s. 225)
Corporal punishment of a spouseNo right, notwithstanding any custom (Law of Marriage Act s. 66)
Order against molestationDuring matrimonial proceedings or after a decree of annulment, separation or divorce (Law of Marriage Act s. 139)
Cruelty to a child (Mainland)Fine up to TSh 1 million or 5 to 15 years, or both, plus compensation (Penal Code s. 169A)
Cruelty to a child (Zanzibar)5 to 10 years (Children's Act 2011 s. 15(a))
Partner violence in the past 12 months33% of ever-partnered women: Mainland 33%, Zanzibar 15% (TDHS-MIS 2022)

In practice

  • Call 116, the National Child Helpline run by C-Sema: it is free on all networks on the Mainland and in Zanzibar, open 24 hours and confidential, and its counsellors refer callers to social welfare officers or the police Gender and Children's Desk.
  • Report at a police station and ask for the Gender and Children's Desk; for medical treatment, counselling and legal assistance in one place, NPA-VAWC II lists One-Stop Centres in selected regions.
  • When a matrimonial case is pending or decided, ask the court for an order under s. 139 of the Law of Marriage Act against molestation, and tell the court if the violence makes referral to the Conciliation Board impracticable (s. 101).
  • Where a child is in danger, ask the social welfare officer of the local council to apply for a care order under s. 18 of the Law of the Child Act.

Recent changes

In the Minister's 2026/27 budget speech, reported on 4 June 2026, 108,819 survivors of gender-based violence and violence against children were recorded at health facilities between July 2025 and April 2026 (32,150 children and 76,669 adults), 20 safe houses supported 1,313 survivors, 3,146 cases of violence against children had reached court by April 2026 (2,517 concluded, 629 pending) and 401 social welfare officers were recruited in 2025/26, bringing the total to 2,315.

Where to go

  • Police Gender and Children's Desk at a police station; on Zanzibar the Gender and Child Protection Unit of the Zanzibar Police Force.
  • 116 National Child Helpline (C-Sema), free from any mobile network in Mainland Tanzania and Zanzibar.
  • Social welfare officer of the local council, for children (Law of the Child Act ss. 18 and 19).
  • Ministry of Community Development, Gender, Women and Special Groups, which publishes and coordinates NPA-VAWC II.

Worth knowing

Cruelty is evidence of marital breakdown, not a ground that entitles the petitioner to a decree (s. 107(2)), and the only injunction in the Law of Marriage Act is tied to matrimonial proceedings (s. 139); the words 'protection order' and 'domestic violence' appear nowhere in the 2023 texts of the Penal Code or the Law of the Child Act.

Frequently asked questions

Does Tanzania have a domestic violence law?

Not a standalone one on the Mainland: the World Bank's Women, Business and the Law 2024 located no applicable provision, and prosecutions rely on the Penal Code assault offences (ss. 225 to 241) while s. 66 of the Law of Marriage Act states that no spouse may inflict corporal punishment.

Can a court order a violent spouse to stay away?

Section 139 of the Law of Marriage Act lets the court, while matrimonial proceedings are pending or after a decree of annulment, separation or divorce, order a person to refrain from forcing his or her company on the spouse or former spouse and from other acts of molestation.

Where can a woman in Zanzibar report violence?

At the Gender and Children's Desk that, according to UNICEF in November 2025, exists in every Zanzibar police station, or through the 116 helpline, which UNFPA says can be dialled from any mobile network on the Mainland and in Zanzibar.

Sources

The general article: Domestic violence · Compare with another country

Female genital mutilation

Section 169A of the Penal Code, whose margin note cites Act No. 4 of 1998 s. 21, makes it an offence for a person having the custody, charge or care of someone under 18 to cause female genital mutilation or to carry it out or cause it to be carried out; the offence is headed 'cruelty to children' and is punished with a fine of up to TSh 1 million or imprisonment of five to 15 years, or both, with compensation to the victim (s. 169A(2)). Section 160 of the Law of the Child Act is addressed to any person: 'a person shall not perform female genital mutilation on a child', with a fine of at least TSh 2 million or imprisonment of five to 15 years, or both. A child is anyone below 18 (Law of the Child Act s. 4).

The DHS Programme's final report on the 2022 survey (chapter 17) puts prevalence among women aged 15 to 49 at 8%, down from 10% in 2015-16 and 18% in 1996. It is 4% among women aged 15 to 19 and 17% among those aged 45 to 49, 11% in rural against 4% in urban areas, 9% on the Mainland against under 1% in Zanzibar, and about one quarter in the Central and Northern zones against 6% or less elsewhere; Manyara and Arusha stand at 43% each, while Dodoma fell from 47% to 18% since 2015-16. Of circumcised women, 89% underwent the form the survey classes as Type II, the most common in Tanzania, and 6% Type III.

Timing and practitioners: 34% of circumcised women were cut before the age of five, 28% at 10 to 14 and 20% at 15 or older; 55% were circumcised by a traditional birth attendant and 26% by a traditional circumciser. Less than 1% of living daughters aged 0 to 14 had been circumcised, 98% of women and 96% of men who had heard of the practice think it should not continue, and 97% of women and 94% of men say religion does not require it.

The provisions protect persons under 18 only. About one in five circumcised women (20%) said they were cut at 15 or older, and the UN Women review of 2024 recommends extending the Penal Code's protection against FGM to women above 18. In Zanzibar the Children's Act 2011 punishes anyone having the custody, charge or care of a child who ill-treats, neglects or abandons the child or 'circumcise[s] female child' with five to ten years' imprisonment (s. 15(a)).

Policy follows the law. The Daily News reported on 26 February 2026 that the Minister for Community Development, Gender, Women and Special Groups launched a five-year National Multi-Sectoral Strategy (2025/26 to 2029/30) against FGM in Monduli District, Arusha Region, on the International Day of Zero Tolerance for Female Genital Mutilation.

Key points

Mainland, custodian or carer of a person under 18Fine up to TSh 1 million or 5 to 15 years, or both, plus compensation (Penal Code s. 169A)
Mainland, any person, victim a childFine of at least TSh 2 million or 5 to 15 years, or both (Law of the Child Act s. 160)
Zanzibar5 to 10 years for circumcising a female child (Children's Act 2011 s. 15(a))
Prevalence, women 15 to 498% (2015-16: 10%; 1996: 18%) (TDHS-MIS 2022)
Prevalence by territoryMainland 9%; Zanzibar under 1% (TDHS-MIS 2022)
Highest regionsManyara and Arusha, 43% each (TDHS-MIS 2022)
Age at cuttingBefore 5: 34%; 10 to 14: 28%; 15 or older: 20% of circumcised women
Daughters aged 0 to 14Less than 1% circumcised

In practice

  • Report a planned or completed cutting of a girl to the police Gender and Children's Desk or to the social welfare officer; 116 takes calls free of charge from every mobile network.
  • Ask the social welfare officer to apply for a care order under s. 18 of the Law of the Child Act when a girl is at risk of significant harm; the order can last up to three years or until she turns 18, whichever comes first.
  • Section 160 of the Law of the Child Act is worded for 'a person' and carries no custody condition like s. 169A, so the practitioner or traditional circumciser falls within its text as well as the parent.

Recent changes

The Daily News reported on 26 February 2026 that a National Multi-Sectoral Strategy against FGM for 2025/26 to 2029/30 had been launched in Monduli District by Minister Dorothy Gwajima; the TDHS-MIS 2022 remains the latest national measurement of prevalence.

Where to go

  • Police Gender and Children's Desk (Mainland) and the Zanzibar Police Gender and Child Protection Unit.
  • Social welfare officer of the local council (Law of the Child Act s. 18).
  • 116 National Child Helpline, free on every network in Mainland Tanzania and Zanzibar.
  • Ministry of Community Development, Gender, Women and Special Groups, responsible for the 2025/26 to 2029/30 national strategy.

Frequently asked questions

Is female genital mutilation illegal for an adult woman in Tanzania?

The FGM-specific provisions protect children: s. 169A of the Penal Code covers a person under 18 and s. 160 of the Law of the Child Act covers a child (below 18), and the UN Women review of 2024 recommends extending the Penal Code's protection to women above 18.

What is the penalty for FGM in Zanzibar?

Section 15(a) of the Zanzibar Children's Act 2011 provides five to ten years' imprisonment for a person with custody, charge or care of a child who circumcises a female child, and prevalence there is under 1% according to the 2022 survey.

How common is FGM in Tanzania?

The 2022 TDHS-MIS found 8% of women aged 15 to 49 circumcised, 9% on the Mainland and under 1% in Zanzibar, with 43% in Manyara and Arusha.

Sources

The general article: Female genital mutilation · Compare with another country

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