Source: Tanzania Daily News
"THIS is cruelty of the highest degree. You cannot believe it," remarked a court official, who pleaded anonymity. Such a statement attracted the attention of many people in the court.

Upon inquiry, it was known later that an old man was found guilty of raping a four-month-old baby. The man is Rashidi Makorani. Court records show that on September 13, 2007 at Gonja Village in Same District, Kilimanjaro Region, raped a child (name withheld).

After hearing the evidence presented, the trial District Court convicted him under Section 235 of the Criminal Procedure Act, 1985 and sentenced him to life imprisonment. Dissatisfied, Makorani appealed to the High Court. Judge Ama Munisi, who heard the matter, partly allowed the appeal when the offence of rape was substituted with the offence of grave sexual abuse.

After being convicted of such lesser offence charged under section 138 C (1) (a) and (2) (b) of the Penal Code, the sentence of life imprisonment was set aside. Such punishment was substituted with 30-year imprisonment. Undaunted, Makorani, the appellant, preferred an appeal before the Court of Appeal.

He advanced several grounds, including the trial court and the High Court erred in law and facts for holding and making findings to convict him with an offence which was not proved at all as the law required as charged.

The appellant stated that the first trial court and the senior court on the first appeal grossly erred both in law and fact for holding and making findings to convict him without noting that the prosecutor did not mention nor name the number of intended witnesses to call.

According to Makorani, the first instance court and the High Court grossly erred in law and fact for holding and making findings to convict him while they failed to comply with Section 186 (3) of the Criminal Procedure Act, Cap 20 Revised Edition, 2002.

In the course of the hearing, a panel of Court of Appeal comprising Chief Justice Chande Othman and Justices Mbarouk Mbarouk and Bernard Luanda noted a serious issue which needed to be resolved first before the appeal proceeded for hearing.

The pertinent issue, which prompted the court to raise the issue Suo Motu relate to the defect found in the notice of appeal of which the appellant indicated to have been convicted of rape, while the record of appeal shows that he was convicted of offence of grave sexual abuse.

They referred to Rule 68 (2) of the Tanzania Court of Appeal Rules, 2009, which mandatorily states that "Every notice of appeal shall state briefly the nature of the acquittal, conviction, sentence, order or finding against which it is desired to appeal."

In the appeal by Makorani, the justices noted that he failed to comply with the mandatory requirements of the Rule. Instead of stating that he was convicted of the offence of Grave Sexual Abuse in his notice, the appellant indicated to have been convicted of rape.

"This defect surely renders the notice of appeal and the appeal incompetent for violating the requirements of Rule 68 (2) of the Rules," they ruled.

The justices, therefore, concurred with the submissions presented by Principal State Attorney Neema Mwanda, for the prosecution, who had said that Under Rule 68 (10 of the Rules, it is the notice of appeal which shall initiate the appeal. As far as the notice of appeal is defective that means there is not appeal before the court and for that reasons the same should be "strike out."

"We fully agree with Ms Mwanda that non-compliance with Rule 68 (2) of the Rules renders the appeal incompetent, hence this appeal has to be struck out. In the event, the appeal is hereby struck out. It is so ordered," the justices ruled. According to 2013 Reports on Human Rights Practices in Tanzania, incidence of child rape was rising, and the major causes included alcoholism, poor education, poverty, and superstition.

Almost one-third of females ages 13 to 24 experienced at least one incident of sexual violence before the age of 18. The most common form of sexual violence was unwanted sexual touching followed by attempted rape. Among males in the same age group, more than 13 per cent stated that they had experienced at least one incident of sexual abuse prior to the age of 18.

Few of those who experienced sexual violence received any assistance. The report shows that 341 cases of sexual assault were reported on Zanzibar alone between 2011 and 2013, of which 104 occurred in the archipelago's southern districts. In a survey of 1,004 women, 20 per cent reported being raped in their lifetimes, while 10 per cent of them reported the event to police. In 92.4 per cent of the events the perpetrator was known to the victim.

There was no statistically significant difference between the rates of rape for women living in urban or suburban areas. Seven per cent of the sample reported a rape occurring in the past two years. The socially closer the perpetrator, the lesser was the frequency of disclosure to either legal organs or other people, and vice versa.

It is said that the prevalence of forced sexual initiation among women varied between 14 per cent in regions and 17 per cent in cities, according to the World Health Organisation Multi-country Study on Women's Health and Domestic Violence against Women. Violence against children is a global human rights and public health issue, with significant negative health and social impact on children's development.

The Convention on the Rights of the Child (CRC) states that all children have the right to be protected against all forms of violence, exploitation and abuse, including sexual abuse and sexual exploitation. Short- and long-term consequences of such violence are severe, not only for those who experience the violence, but also for families and communities, and constitute a critical societal concern.

There is little accurate data on the prevalence of violence against children worldwide. Available information, however, including the United Nations Secretary-General's (UNSG) ,World Report on Violence against Children (VAC, 2006), indicates that violence against children is a major problem that exists across countries. The crisis of sexual violence is particularly acute.

The World Health Organization has estimated that 150 million girls and 73 million boys under the age of 18 have experienced sexual violence involving physical contact. Despite the availability of general knowledge about the magnitude of sexual violence against children, the availability of national Tanzanian data on which to base policy and programmatic actions is still very limited. Violence against children can have a profound impact on core aspects of emotional, behavioural and physical health as well as social development throughout life.

The law provides for life imprisonment for persons convicted of rape, however, rape continued to be a serious problem. Several persons were prosecuted and convicted for rape. Violence against young men, women and children is increasingly recognized as an important human rights, health, and social challenge in Tanzania.

The unprecedented numbers of orphans and vulnerable children resulting from the AIDS pandemic, combined with the weakening of family and community care structures increase the risks of violence and exploitation faced by children.

The parliament of Tanzania passed the Law of the Child Act in 2009, signaling increased political commitment to upholding children's rights, including freedom from violence, abuse and exploitation.

A nationally representative study of the magnitude of violence against children can enhance these efforts by supporting advocacy, informing national planning and budget processes, and monitoring the impact of violence against children.

• Tanzania