In June 2019, a two-year toddler, name withheld for privacy purposes was assaulted in Blantyre, Malawi, a medical report provided to constitute proof of assault. The perpetrator released on bail, is yet to appear in court for trial in September 2019, justice remains to be served for the two-year-old.

With this case as background alongside many cases that remain without prosecution, this petition wishes to appeal support for law reform on the prosecution of sexual offences against children as a crime against the state to invoke full prosecution with comprehensive punishment for such crimes.

Sexual violence against children is a global concern and a pervasive occurrence in all settings in Malawi. It has been far proven that women and girls are the primary target of sexual violence, often followed by multiple defense mechanisms leaning toward issues of consent.

Chapter XV of the Malawi Penal Code: Offences against morality section 137 reads;

 (1) Any person who unlawfully and indecently assaults any woman or girl shall be guilty of a felony and shall be liable to imprisonment for fourteen years, with or without corporal punishment.

(2) It shall be no defense to a charge for an indecent assault on a girl under the age of thirteen years to prove that she consented to the act of indecency.

Section 138 Defilement of girls under thirteen years of age reads;

(1) Any person who unlawfully and carnally knows any girl under the age of thirteen years shall be guilty of a felony and shall be liable to imprisonment for life, with or without corporal punishment.

With this basis, we ask for your support in petitioning the Malawi Law commission and Parliament to consider reforming the law on sexual offences against children.