Consent and age of consent
The Penal Code sets 16, with aggravated penalties for younger children, and the Anti-Gender-Based Violence Act 2011 provides protection orders and shelters. Fast-track GBV courts operate in several districts. One-stop centres in major hospitals provide medical, forensic and legal support.
Key points
| Definition | Rape and defilement are defined in the Penal Code, amended in 2005 |
|---|---|
| Penal Code Amendment 2005 | Strengthened sexual offence provisions, with minimum sentences |
| Age of consent 16 | Defilement covers anyone below that age |
| Victim Support Unit | Police units handling sexual and domestic violence |
| One-stop centres | Established at several hospitals |
In practice
- Go to a one-stop centre where one exists: medical, police and counselling in one place.
- Ask for the Victim Support Unit at the police station.
Worth knowing
Post-exposure prophylaxis must begin within 72 hours and is free at public facilities. Ask for it explicitly; it is not always offered.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Anti-Gender-Based Violence Act 2011 provides protection orders, shelters and fast-track courts, with one-stop centres in major hospitals.
Protection rests on the Anti-Gender-Based Violence Act 2011, which provides protection orders, shelters and fast-track courts for gender-based violence cases. One-stop centres in major hospitals combine medical, police and psychosocial services.
Key points
| Anti-Gender-Based Violence Act 2011 | Provides protection orders and establishes shelters |
|---|---|
| Fast-track courts | Established for gender-based violence cases |
| Victim Support Unit | Police units in every district |
| Occupation orders | Can exclude the respondent from the home |
In practice
- Apply for a protection order at the magistrate's court; the Victim Support Unit can assist.
- Ask whether a fast-track court sits in your district.
Where to go
- One-stop centres in provincial hospitals.
- Young Women's Christian Association shelters and legal aid.
Worth knowing
Fast-track courts for gender-based violence exist in several districts and hear cases far more quickly than the general courts. Ask for one by name.
The general article: Domestic violence · Compare with another country
Female genital mutilation
Female genital mutilation is not traditionally practised in Zambia and national surveys do not record it. The Anti-Gender-Based Violence Act covers harmful practices, and the Penal Code would apply to any act causing grievous harm. The question arises principally within migrant communities from countries where the practice exists.
It falls under the Anti-Gender-Based Violence Act and the general provisions on assault and child protection, which together give courts the power to make protection orders and to place a child at risk in safety. In practice the issue arises only in relation to families from countries where it is practised.
Key points
| Prevalence | Not a traditional practice; not recorded in national surveys |
|---|---|
| Legal basis | Anti-Gender-Based Violence Act and Penal Code provisions |
| Children | Child protection legislation applies |
| Reporting | Through police Victim Support Units |
| Care | Available in public health facilities |
| Migrant communities | The main context in which the question arises |
In practice
- Report any concern about a child to a police Victim Support Unit.
- Public health facilities can examine and refer.
- Organisations working with refugees and migrants can assist with language and context.
Where to go
- Police Victim Support Units.
- Refugee and migrant support organisations.
Worth knowing
With no specific offence, cases are handled under the general gender-based violence framework. Naming the practice explicitly in any report helps it be taken seriously.
Frequently asked questions
How is it dealt with in Zambian law?
Through the Anti-Gender-Based Violence Act and general offences against the person, together with child-protection powers. There is no provision naming the practice, and no recorded prosecutions, which reflects the fact that it is not a local practice.
What protection is available for a child at risk?
A protection order under the Anti-Gender-Based Violence Act, which a court can make quickly, and placement in care where necessary. The Victim Support Unit of the police and the Department of Social Welfare are the points of contact.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
The act can be pursued in Zambia, where it took place, and also by the state of which the offender is a national or resident.
Zambian law criminalises defilement of a child and related exploitation, with substantial minimum sentences.
The general article: Sexual offences committed abroad · Compare with another country