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 must be noted however that it has been over twenty years since the last execution of death penalty. Legislative measures 335. Section 40 of the Penal Code Act provides that ‘[a]ny person who performs any unlawful act or omission with the intention of causing the death of another person, commits the offence of murder if such death results from his or her act or omission.’ It provides further that a person convicted of murder shall be sentenced to death except if such person was 18 years at the time of commission of the offence or was pregnant at the time of sentence or there exist extenuating circumstances. 336. Section 298 of the Criminal Procedure and Evidence Act also provides that death penalty may not be imposed on pregnant and nursing mothers. Protection of women from violence 337. Gender based violence is one of the major factors which undermine women’s integrity and security of person in Lesotho. According to gender links, 86 percent of women in Lesotho experienced GBV at least once in their lifetime. Hence Lesotho is ranked 3rd highest prevalence of IPV in the SADC region.65 Women are beaten by their spouses for such reasons as arguing with their husbands, refusing to have sex, going out without the husband’s consent. However, other than the 86% stated by Gender Links, there are no statistics on GBV in Lesotho. In 2009, with the support of UNFPA, the Ministry of Gender has commissioned a baseline study on the prevalence of forms of GBV in selected districts as well as assessment of ten institutions to determine their capacity and capability to 65 Gender Links 2015 http:/genderlinks.org.za/csw-newsletter/Lesotho-third-highest-prevalence-of-intimatepartner-violence-2015-06-10/ 124