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SWAZILAND. BILL PROPOSES DEATH PENALTY FOR HIV+ RAPISTS
November 7, 2005: according to the Sexual Offences and Domestic Violence Bill of 2005, presently a draft, rapists found to have infected their victims with HIV and AIDS would face death as the maximum sentence upon conviction by courts in Swaziland.
Death would also be applicable to cases in which the survivor was below the age of 14 or in cases whereby the perpetrator had parental power over the child.
The bill was promulgated by NGOs, the government, and other collaborating partners in an attempt to strengthen the outdated Girls and Women Protection Act of 1920.
Section 8 of the Bill stated:
“Any person who is convicted of rape under this Bill is liable to:
(a) imprisonment for a minimum period of 30 years without an option of a fine if the victim is above 14 years, but below 18 years; or 15 years without an option of a fine if the victim is above 18 years,
(b) the death penalty if the victim is below the age of 14 years; or
(c) the death penalty, where HIV and AIDS is an aggravating factor;
(d) death penalty where such person has parental power over the child. (Sources: The Swazi Observer, 07/11/2005)
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