A critical analysis of the current law on offences against morality in Zambia: Is the law in touch with reality in dealing with all offenses against morality or is it biased towards the more''pronounced''offences of rape and defilement whilst sideling the other equally distressing offences in the same category
Date
2013-04-23
Authors
Nyimbiri, Sangwani
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Abstract
This dissertation examines the current law on offences against morality in Zambia. It further considers whether the current Law is in touch with reality in dealing with all offences against morality or is it biased towards the more "pronounced" offences of Rape and Defilement whilst sidelining the other equally distressing offences in the same category. The dissertation specifically looks at the inherent inadequacies in the current law. It goes further and makes an analysis as to whether the evidential and procedural requirements that are present in the current law have actually contributed to the inefficiency of the law governing offences against morality. It also looks at whether the aspects of private morality and immorality have a bearing on how the current law is enforced the issue of the legal enforcement of morality is also considered. The dissertation through research found that there are a lot of inadequacies inherent in the current law governing offences against morality. It was further found that there are some evidential and procedural requirements that ultimately impede the efficiency of the law thereby rendering the current law toothless. One notable evidential requirement that was found to be impeding the efficiency of the law is the requirement of corroboration. The research also established that, generally, criminal law has a role of enforcing some aspects of morality. The criminal law also has a tendency of criminalizing and enforcing only that conduct that is actually visible to the outside world, and would leave alone conduct with no public facet,phenomenon, that Lawrence "Friedman has termed, the "Victorian compromise".Consequently, the research makes various recommendations that would help in curbing the rise of sexual related offences that are couched under the part, in the Penal Code, dealing with offences against morality. The research recommends that some evidential and procedural requirements for the prosecution of offences against morality be abolished. Further, the research recommends that broad-based public awareness campaigns concerning sexual and domestic violence should be carried out to enlighten people what really constitutes sexual violence and that they are at liberty to report such crimes to the relevant authorities. It is also recommended that law enforcement personnel and members of the judiciary should be well trained so as to properly address issues concerning offences against morality. Finally it has been recommended that Judges and Magistrates should be judicially active when dealing with offences against morality and that it should be looked into by the legislature and the Judiciary that all offences against morality are equally enforced.
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Keywords
Morals and law , Morality---Zambia