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9.7.4 Exploitation and Sexual Abuse (Article 27)
Legislative
Article 8 of the Constitution of Lesotho provides for protection against inhumane
treatment.
The Sexual Offences Act (2003) makes rape, sexual assault and sodomy illegal.
Section 23 requires that proceedings involving children be held in camera to protect
child victims and child witness’s privacy.
General provisions of the CPW Act such as section 23 (child in need of care and
protection) and section 44 (ill-treatment, neglect, abandonment or exposure of children
to abuse) will apply here. The latter of these provisions makes an offence of the listed
acts where it has or is likely to have caused harm to the child physically, psychologically
and emotionally.
The Penal Code has several provisions which criminalise sex acts:
Section 48 – indecency with children
Section 49 – Unlawful sexual intercourse with children
Section 50 – sexual molestation of minors
Section 51 – indecent assault
Section 52 – unlawful sexual act
Section 53 – incest
Section 55 – prostitution
The Anti-Tip Act (2011) prohibits the sale of and sexual exploitation of children.
Administrative
Lesotho ratified the Sale of Children and Pornography optional protocol in 2003.
As a response to major gaps in treatment and care for survivors of sexual abuse, the
Family Health Division of the MOH, with the support of UNICEF, led the development of
National Guidelines for the Management of Survivors of Sexual Abuse. The main
objective of the national guidelines, which were adapted for Lesotho from the WHO
Protocols for Sexual Abuse, is to ensure proper and effective management by all
sectors that have responsibilities in handling cases of sexual abuse. It seeks a
comprehensive, holistic and integrated approach toward managing sexual abuse to
ensure the effective protection of abuse victims, mainly children, who require special
sensitivity and care. It also ensures that appropriate emergency Post exposure
prophylaxis (PEP) and medical treatment and psychosocial care and support are
provided at a health facility.