THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 326. Section 3 of the Sexual Offences Act 2003 criminalises a non-consensual sexual act which is defined as physical contact, exposure or display of sexual organs in any coersive circumstances including application or threat of application of force. However, it does not address unlawful verbal sexual advances. Prostitution 327. Section 55 of the Penal Code Act defines as a person who engages in sexual activity for payment. It does not criminalise prosecution per se but criminalises conduct of a third person who incites, instigates or engages or procures another to engage, either in Lesotho or elsewhere, in prostitution. 328. The socio-economic hardships faced by women, particularly unemployment contributes sharply to young women engaging in prostitution despite a stark social disapproval of the practice. Women engaged in prostitution are generally discriminated against and exposed to various forms of danger, to life and bodily integrity. Sexual Orientation 329. Under the Constitution, there is no specific protection granted to a person on the basis of sexual orientation. However, it may not be disputed that it could be included in the reading of Section 18 under ‘other status.’ Both the Penal Code Act and the Sexual Offences Act do not criminalize non-violent sexual intercourse between two consenting adults of similar sex. Evidence in cases of sexual Offences 330. Section 18 of the Sexual Offences Act prohibits the court from drawing an adverse inference from the fact that the complainant there was a delay between commission of a crime and laying of a complaint. 118