Defilement

(1) A person who commits an act which causes penetration with a child is guilty of an offence termed defilement.

(2) A person who commits an offence of defilement with a child aged eleven years or less is liable upon conviction to imprisonment for life.

 (3) A person who commits an offence of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years.

 (4) A person who commits an offence of defilement Cap 92. Act No 8 of 2001. with a child between the age of sixteen and eighteen years is liable upon conviction to

* imprisonment for a term of not less than fifteen years.

(5) It is a defence to a charge under this section if-

(a) it is proved that such child, deceived the accused person into believing that he or she was over the age of eighteen years at the time of the alleged commission of the offence; and

 (b) the accused reasonably believed that the child was over the age of eighteen years.

 (6) The belief referred to in subsection (5) (b) is to determined having regard to all the circumstances, including any steps the accused person took to ascertain the age of the complainant.

 (7) Where the person charged with an offence under this Act is below the age of eighteen years, the court may upon conviction, sentence the accused person in accordance with the provisions of the Borstal Institutions Act and the Children’s Act.

 (8) The provisions of subsection (5) shall not apply if the accused person is related to such child within the prohibited degrees of blood or affinity.

9. Attempted defilement

(1) A person who attempts to commits an act which would cause penetration with a child is guilty of an offence termed attempted defilement.

(2) A person who commits an offence of attempted defilement with a child aged eleven years or less is liable upon conviction to imprisonment for a term of not less than fifteen years.

(3) A person who commits an offence of attempted defilement with a child aged twelve years but less than sixteen years of age is liable upon conviction to imprisonment for a term of not less than ten years.

(4) A person who commits an offence of attempted defilement with a child aged sixteen or more years of age is liable upon conviction to imprisonment for a term of not less than five years. 

(5) The provisions of section 8 (5), (6), (7) and (8) shall apply mutatis mutandis to this section.