Abstract:
During colonisation Malawi received a Western penal code, which
included the ‘defilement’ provision, restricting males from sexually
accessing girls below a specified age. Countries that maintain colonial age
of consent provisions, including Malawi, have uncritically assumed that
these laws serve the purpose of protecting girls and children from harm.
This article examines the fundamental assumptions underlying the
development of sections 138 and 160B of the Malawian Penal Code, and
their historical and sociocultural origins. The article submits that these
provisions serve the interests of adults and not those of children. They are
inherently heterosexist, promote gender-stereotypical meanings of
sexuality and potentially stigmatise the normative development of
sexuality in children. Sections 138 and 160B need to be reviewed and
aligned with Malawi’s commitments to promote gender equality and
sexual health and the rights of children.
