Criminal Law Amendment Act

Link to law: http://laws.gov.ag/acts/chapters/cap-116.pdf
Published: 0000

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Criminal Law Amendment (CAP. 116 1

CHAPTER 116

THE CRIMINAL LAW AMENDMENT ACT

Arrangement of Sections
Section

1. Short title.
2. Procuring defilement by threats or fraud, or administer-

ing drugs.
3. Defilement of girl under twelve years of age.
4. Defilement of girl between twelve and fourteen years

of age.
5. Householder, &c., permitting defilement of young girl

on his premises.
6 . Abduction of girl under sixteen with intent to have carnal

knowledge.
7. Unlawful detention with intent to have carnal

knowledge.
8. Power, on indictment for rape, to convict of certain

misdemeanours.
9. Power of search.

10. Custody of girls under sixteen.
11. Saving of liability to other criminal proceedings
12. Connection by personating husband to be rape.

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Criminal Law Amendment (CAP. 116 3

CRIMINAL LAW AMENDMENT

(5th March, 1887.) 611887.
211926.
811933.
811949.

S.R.O. 2211956.

1. This Act may be cited as the Criminal Law Amend- Short title.
ment Act.

2. Any person who- Procuring
defilement bv

(a) by threats or intimidation procures or attempts ~ ~ ~ ~ $ ~ , d i
to procure any woman or girl to have any unlawful drugs.
carnal connection, or

( b ) by false pretences or false representations pro-
cures any woman or girl to have any unlawful carnal
connections, or

(c) applies, administers to, or causes to be taken
by any woman or girl any drug, matter, or thing, with
intent to stupefy or overpower so as thereby to enable
any person to have unlawful carnal connection with such
woman or girl,

shall be guilty of a misdemeanour, and shall be liable to be
imprisoned for any term not exceeding two years:

Provided that no person shall be convicted of an offence
under this section upon the evidence of one witness only,
unless such witness be corroborated in some material parti-
cular by evidence implicating the accused.

3. (1) Any person who unlawfully and carnally knows ~ ~ ; ~ ~ t ~ e l v e
any girl under the age of twelve years shall be guilty of felony, years of age.
and shall be liable to be imprisoned for life.

(2) Any person who attempts to have unlawful carnal '

knowledge of any girl under the age of twelve years shall
be guilty of a misdemeanour, and shall be liable to be im-
prisoned for any term not exceeding two years, with or
without hard labour:

Provided that in the case of an offender whose age does
not exceed sixteen years, the Court may, instead of sentencing

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4 CAP. 116) Criminal Law Amendment

him to any term of imprisonment, order him to be whipped
Cap. 106. as prescribed by the Corporal Punishment Act.

(3) Where, upon the hearing of a charge under this
section, the girl in respect of whom the offence is charged
to have been committed, or any other child of tender years
who is tendered as a witness does not, in the opinion of the
Court or Magistrate, understand the nature of an oath, the
evidence of such girl or other child of tender years may be
received, though not given upon oath, if, in the opinion of
the Court or Magistrate, as the case may be, such girl or
other child of tender years is possessed of sufficient intelligence
to justify the reception of the evidence, and understands the
duty of speaking the truth:

Provided that no person shall be liable to be convicted
of the offence, unless the testimony admitted by virtue of
this section and given on behalf of the prosecution shall be
corroborated by some other material evidence in support
thereof implicating the accused:

Provided, also, that any witness whose evidence has been
admitted under this section shall be liable to indictment and
punishment for perjury in all respects as if he or she had
been sworn.

Defilement of 4. Any person who-
eirl between
cwelve and
fourteen years of (a) unlawfully and carnally knows, or attempts to
age. have unlawful carnal knowledge of, any girl being of

or above the age of twelve years and under the age of
fourteen years; or

( b ) unlawfully and carnally knows, or attempts to
have unlawful carnal knowledge of, any female idiot or
imbecile woman or girl, under circumstances which do
not amount to rape, but which prove that the offender
knew, at the time of the commission of the offence, that
the woman or girl was an idiot or imbecile;

shall be guilty of a misdemeanour, and shall be liable to be
imprisoned for any term not exceeding two years, with or
without hard labour:

Provided that it shall be a sufficient defence to any charge
under paragraph (a) of this section, if it shall be made to
appear to the Court or jury, before whom the charge shall
be brought, that the person so charged had reasonable cause

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Criminal Law Amendment (CAP. 1 16 5

to believe that the girl was of or above the age of fourteen
years:

Provided also that no prosecution shall be commenced
for an offence under paragraph (a) of this section more than
three months after the commission of the offence.

5 . Any person who, being the owner or occupier of Householder,
&c permitting any premises, or having, or acting or assisting in, the def-;ie,e,t of

management or control thereof, induces or knowingly suffers young girl on his
premises. any girl of such age as is in this section mentioned to resort

to, or be in or upon, such premises for the purpose of being
unlawfully and carnally known by any man, whether such
carnal knowledge is intended to be with any particular man
or generally-

(a) shall, if such girl is under the age of twelve
years, be guilty of felony, and shall be liable to be im-
prisoned for any term not exceeding five years, with
or without hard labour; and

(b ) if such girl is of or above the age of twelve and
under the age of fourteen years, shall be guilty of a
misdemeanour, and shall be liable to be imprisoned for
any term not exceeding two years, with or without hard
labour:
Provided that it shall be a sufficient defence to any charge

under this section, if it shall be made to appear to the Court
or jury, before whom the charge shall be brought, that the
person so charged had reasonable cause to believe that the
girl was of or above the age of fourteen years.

6. Any person who, with intent that any unmarried Abduction of girl
under sixteen

girl under the age of sixteen years should be unlawfully and ,ith inten, ,,
carnally known by any man, whether such carnal knowledge' have carnal

knowledge.
is intended to be with any particular man or generally, takes,
or causes to be taken, such girl out of the possession and
against the will of her father or mother, or any other person
having the lawful care or charge of her, shall be guilty of
a misdemeanour, and shall be liable to be imprisoned for
any term not exceeding two years, with or without hard
labour:

Provided that it shall be a sufficient defence to any charge
under this section, if it shall be made to appear to the Court

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6 CAP. 116) Criminal Law Amendment

or jury that the person so charged had reasonable cause to
believe that the girl was of or above the age of sixteen years.

Unlawful
detention with

7. (1) Any person who detains any woman or girl
intent to have against her will-
carnal
knowledge. (a) in or upon any premises with intent that she

may be unlawfully and carnally known by any man,
whether any particular man or generally, or

(6 ) in any brothel,
shall be guilty of a misdemeanour, and shall be liable to be
imprisoned for any term not exceeding two years, with or
without hard labour.

(2) Where a woman or girl is in or upon any premises
for the purpose of having any unlawful carnal connection,
or is in any brothel, a person shall be deemed to detain such
woman or girl in or upon such premises, or in such brothel,
if, with intent to compel or induce her to remain in or upon
such premises or in such brothel, such person withhold from
such woman or girl any wearing apparel or other property
belonging to her, or, where wearing apparel has been lent
or otherwise supplied to such woman or girl by or by the
direction of such person, such person threatens such woman
or girl with legal proceedings if she takes away with her the
wearing apparel so lent or supplied.

(3) No legal proceedings, whether civil or criminal, shall
be taken against any such woman or girl for taking away
or being found in possession of any such wearing apparel
as was necessary to enable her to leave such premises or
brothel.

Power, on
indictment for

8. If upon the trial of any indictment for rape, or any
rape, to convict offence made felony by section 3, the jury shall be satisfied
of certain
rnisdemeanours.

that the defendant is guilty of an offence under section 2 ,
3 or 4, or of an indecent assault, but are not satisfied that
the defendant is guilty of the felony charged in such indict-
ment, or of an attempt to commit the same, then and in
every such case the jury may acquit the defendant of such
felony, and find him guilty of such offence as aforesaid, or
of an indecent assault, and thereupon such defendant shall
be liable to be punished in the same manner as if he had

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Criminal Law Amendment (CAP. 116 7

been convicted upon an indictment for such offence as
aforesaid, or for the misdemeanour of indecent assault.

9. (1) If it appears to any Magistrate, on informa- Power of search.
tion made before him on oath by any parent, relative, or
guardian of any woman or girl, or any other person who,
in the opinion of such Magistrate, is bonrifide acting in the
interest of any woman or girl, that there is reasonable cause
to suspect that such woman or girl is unlawfully detained
for immoral purposes by any person in any place within the
jurisdiction of such Magistrate, such Magistrate may issue
a warrant authorizing any person named therein to search
for, and, when found, to take to and detain in a place of
safety such woman or girl until she can be brought before
a Magistrate; and the Magistrate before whom such woman
or girl is brought may cause her to be delivered up to her
parents or guardians, or otherwise dealt with as circumstances
may permit and require.

(2) The Magistrate issuing such warrant may, by the
same or any other warrant, cause any person accused of so
unlawfully detaining such woman or girl to be apprehended
and brought before a Magistrate, and proceedings to be taken
for punishing such person according to law.

(3) A woman or girl shall be deemed to be unlawfully
detained for immoral purposes if she is so detained for the
purpose of being unlawfully and carnally known by any man,
whether any particular man or generally, and-

(a) either is under the age of fourteen years; or

(6) if of or over the age of fourteen years, and under
the age of sixteen years, is so detained against her will,
or against the will of her father or mother, or of any
other person having the lawful care or charge of her; or

(c) if of or above the age of sixteen years, is so de-
tained against her will.

(4) Any person authorized by warrant under this section
to search for any woman or girl so detained as aforesaid may
enter (if need be, by force) any house, building, or other
place specified in such warrant, and may remove such woman
or girl therefrom:

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8 CAP. 116) Criminal Law Amendment

Provided that every warrant issued under this section
shall be addressed to and executed by some officer of the
police force, who shall be accompanied by the parent, relative,
or guardian, or other person making the information, if such
person so desire, unless the Magistrate shall otherwise direct.

Custody of girls
under sixteen. 10. Where, on the trial of any offence under this Act,

it is proved to the satisfaction of the Court that the seduc-
tion or prostitution of a girl under the age of sixteen has
been caused, encouraged, or favoured by her father, mother,
guardian, master, or mistress, it shall be in the power of
the Court to divest such father, mother, guardian, master,
or mistress of all authority over her, and to appoint any
person or persons willing to take charge of such girl to be
her guardian, until she has attained the age of twenty-one,
or any age below this as the Court may direct. And the Court
shall have the power from time to time to rescind or vary
such order by the appointment of any other person or persons
as such guardian, or in any other respect.

Saving of
liability to other

1 . This Act shall not exempt any person from any
criminal proceedings for an offence which is punishable at common
proceedings. law, or under any Act other than this Act, so that the person

be not punished twice for the same offence.

Connection by
personating

12. Whereas doubts have been entertained whether
husband to be a man who induces a married woman to permit him to have
rape. connection with her by personating her husband is or is not

guilty of rape, it is hereby enacted and declared that every
such offender shall be deemed to be guilty of rape.