By Sundu Madise
Today we have woken up to a story of a nurse who has been arrested in Mwanza allegedly for having sex with his 16 yerar old niece. I am not sure what the nurse has been arrested for.
Under section 138 of the Penal Code, one can be charged with defilement for having sex with a girl who is less than 16 years. The maximum penalty for defilement is life imprisonment. If however, this girl is 16 years (therefore not under 16 years), then it cannot be defilement.
On whether this would amount to incest, section 157 of the Penal Code restricts incest to having sex with a grand-daughter, daughter, sister, mother or grandmother. Nieces are not included.
Of course, having sex with a nieces and other close relatives is morally reprehensible but is not illegal under the law of Euthini.
But let us wait and see what charges will be proffered against the nurse.
