The Scourge of Sodomy and The Weak Legal System in Zambia

By David Chishimba President – Association of Unemployed Youths. Youth Activist.

I could hardly hold back my tears when i was listening to an audio of a mother narrating how her son was being repeatedly sodomized by his older friends. I said to myself, clearly something needs to be done.

Culture and tradition define a people. It tells a story of how their belief system and way of life has evolved over time. In modern-day, a nation forcing its culture on another is simply a form of neocolonialism. We should all rebuke this in its strongest terms and with the contempt it deserves.

I will state this: “The main reason why we do not accept LGBTQ norms and why that is enshrined in our constitution is that it’s not part of our traditions, neither is it part of our culture. The decision whether or not to tolerate such a culture should come solely from us Zambians as necessity dictates and not forced by either the use of an aid or other forms of assistance or through organized schemes and plots by external powers.”

I am afraid that the forces which want to sodomize our culture and tradition have become more persistent, determined, comfortable and cunning. It’s high time that we stopped being casual with this issue and hold the bull by the balls.

SODOMY

The cases of sodomy have become more rampant now than ever such that it has become more dangerous to have a simple drink with a stranger or even a friend. Schools have become dangerous for our kids because of daily reports of sodomy. One of the main reasons is that; Men are opening up and are now able to report such cases to relevant authorities, which is a plus.

The second reason is that there is a long-term organized scheme to infuse gayism into our culture. What is happening is that foreign LGBTQ individuals are being brought into the country to organize and train what they are calling the LGBTQ community to champion their agenda. These communities and their actions are being heavily sponsored, that’s why you can’t find a poor and broke gay person. They are using schemes such as fashion shows to champion their agenda.

Some of these people are sodomizing kids so that they grow up thinking it’s normal. That’s why there has been an increase in sodomy cases in schools.

The cases of sodomy are even more prevalent than reported. Below are just a few which have reached the media.

• Over 5 boys have been sodomized at a Muslim school in Chongwe. The act has bee going on for over 2 years. An Indian man used to sodomize older boys who learnt the act and started doing it to younger boys.
•  A 31 years old man was sodomized in Lilayi by his boss Dorras Ricardo.
• July 2022 – A 12 years old visually impaired boy was sodomized by another visually impaired 17 years old boy at Lions boarding school for the blind of Hillcrest area in Ndola.
• April 2020 – 17 year old boy from masaiti district sodomized a 6 years old boy.
• On 5th September, 2022, Wamunyima, 22 of Kaoma district sodomized by 24 years friend.
• 15th September, 2022, a man was sodomized in Chililabombwe by three men.
• Woman to man sexual assaults: Three elderly women from mindolo, Kitwe, sexually assaulted a man by taking turns on him.
• Woman to man sexual assaults:Wiz bebe of Ndola allegedly sexually assaulted by some unknown women after being given a lift.

THE LAW

The legal system is too weak to protect a man or male child against any form of sexual abuse. Less attention is paid to male to male sexual abuse research, prevention, action and protection. That is why fewer than one in ten male rapes are reported. What has mainly contributed to this is that males who have been raped by either gender often get little services and support, and legal systems are ill-equipped to deal with this type of crime.

In Zambia, according to Section 132 and 138 of the Penal Code Chapter 87 of the laws of Zambia, rape and defilement which carry life sentences do not include a man or male child respectively. For a male above the age of 14 according to section 155(a), the offence is having carnal knowledge of a person against the order of nature which carries a maximum sentence of 14 years. For a male child below the age of 14, according to section 157, the offence is indecent assault which carries a maximum sentence of 7 years.

The law in it’s current form is too casual with the cases of sodomy and needs amendment. It is regrettable that the law cannot protect a male victims when the effects of Post-traumatic stress disorder PTSD), acquiring sexually transmitted infections such as HIV/AIDS, mortality from injuries, increased risk of suicide, depression, chronic pain, psychosomatic disorders, anal injuries and emotional pain are just as severe in males as in females.

Some people become emotionally scarred for life. Others get infections which which they deal with the rest of their lives. Young males become affected for life in ways we cannot even imagine.

RECOMMENDATIONS

In it’s current form, the law cannot prevent or curb sodomy or gayism neither can it successfully protect the victims. That is why everyone must rise to the occasion for the common good and push for the amendment of chapter 15 of the Penal code Chapter 87 of the laws of Zambia.

Until 2012, even the Federal Bureau of Investigation (FBI) in America considered rape a crime solely committed by men against women. In 2012, they changed their definition from “The carnal knowledge of a female forcibly and against her will” to “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The previous definition, which had remained unchanged since 1927, was considered outdated and narrow. The updated definition includes recognizing any gender of victim and perpetrator and that rape with an object can be as traumatic as penile/vaginal rape.

Similarly, the definitions of cases related to sexual assault in the Zambian constitution are outdated and narrow and need to be amended to encompass a broader picture and to be in tune with changing times. We need stiffer punishment for culprits to deter future would be offenders. There is also need for an expedited court process or fast-track courts to deal with this scourge.

Young people in schools need to be sensitized and cautioned about the dangers of such vices. They need to be told to report such cases as fast as possible.

The community also needs to play its role. Parents should not be over protective of their kids who seem to have such behaviors. They need to talk to them and seek help where necessary. We also need to have match pasts against such vices.

General awareness in communities should also be made. Victory is certain.