117. The media continues to report cases of all manner of exploitation of children as a result of trafficking and general vulnerability. Most common forms of exploitation are labour in agriculture and sexual exploitation. 118. The special Law Commission that developed legislation on trafficking in persons has also recommended the revision of penalties of offences akin to trafficking in persons. These offences are mostly provided for under the Penal Code and include Section 264 – Wrongful concealing or confining kidnapped or abducted person;Section 265 – Kidnapping or abducting child under the age of fourteen years with the intention of stealing from such child;Section 266 - Wrongful confinement of any person;Section 267 - Buying or disposing of any person as a slave;Section 268 – Habitual dealing in slaves;Sections 132, 133 and 134 – rape, punishment and attempted rape;Section 135 - Abduction;Section 136 – Abduction of girls under sixteen;Section 137 - Indecent assault of young girls;Section 140 - Procuring a woman for sexual exploitation whether within or outside Malawi (misdemeanour) - a prostitute cannot be procured;Section 141 – Prohibition of procuring for sexual purposes by use of deception and false pretences;Sections 142, 143 and 147 – Operating a brothel or keeping any premises for purposes of prostitution; Section 145 – (for men) living off the earnings of prostitution or soliciting for immoral purposes - courts -powers of search and arrest; and Section 146 – (for women) living off the earnings of prostitution. 119. The special Law Commission was convinced that while these offences define most of the elements in the offences being proposed under the trafficking in persons regime, they may be committed independently and need to be punished appropriately. 120. Sexual abuse is specifically provided for under sections 132, 133, 134, 138 and 139 of the Penal Code. These provisions define and punish the offence of rape in sections 132 and 133. 121. The Constitution still provides for protection from torture, cruel, inhuman or degrading treatment for all persons. The same protection from arbitrary deprivation of liberty still stands. 36 | P a g e