Related documents
- Is amended by Combating of Rape Amendment Act, 2022
- Is commenced by Commencement of the Combating of Rape Act, 2000
- Amends Criminal Procedure Act, 1977
Combating of Rape Act, 2000
Act 8 of 2000
- Published in Government Gazette 2326 on 10 May 2000
- Assented to on 19 April 2000
- Commenced on 15 June 2000 by Commencement of the Combating of Rape Act, 2000
- [This is the version of this document from 15 May 2024 and includes any amendments published up to 17 January 2025.]
- [Amended by Combating of Rape Amendment Act, 2022 (Act 4 of 2022) on 15 May 2024]
1. Definitions
2. Rape
3. Penalties
3A. Minimum sentences also applicable to common law rape, attempt, conspiracy and incitement
The minimum penalties which shall be imposed upon any conviction of rape under section 3 shall also be imposed upon any conviction of the common law crime of rape or of attempt, conspiracy or incitement to commit rape, (whether under this Act or under the common law) and the provisions of section 3 apply with the necessary changes and for the purposes of section 3, a previous conviction for attempt, conspiracy or incitement to commit rape (whether under this Act or under the common law) shall be deemed to be a previous conviction of rape.[section 3A inserted by section 3 of Act 4 of 2022]3B. Sentences not to run concurrently with other sentence
A sentence of imprisonment imposed in respect of a conviction for an offence under section 2 or referred to in section 3A shall, notwithstanding anything to the contrary contained in any other law, not run concurrently with any other sentences of imprisonment imposed on the convicted person in respect of such offence or with any part of such sentences, unless the presiding officer finds that the cumulative effect of the sentences running consecutively would be so harsh and unreasonable as to constitute cruel, inhuman or degrading punishment.[section 3B inserted by section 3 of Act 4 of 2022]4. No rule as to incapacity of boy under fourteen years to have sexual intercourse shall operate
5. Abolition of cautionary rule relating to offences of a sexual or indecent nature
No court shall treat the evidence of any complainant in criminal proceedings at which an accused is charged with an offence of a sexual or indecent nature with special caution because the accused is charged with any such offence.6. Evidence of previous consistent statements
Evidence relating to all previous consistent statements by a complainant shall be admissible in criminal proceedings at which an accused is charged with an offence of a sexual or indecent nature: Provided that no inference may be drawn only from the fact that no such previous statements have been made.7. Evidence of period of delay between commission of sexual or indecent act and laying of complaint
In criminal proceedings at which an accused is charged with an offence of a sexual or indecent nature, the court shall not draw any inference only from the length of the delay between the commission of the sexual or indecent act and the laying of a complaint.8. Evidence of psychological effects of rape
8A. No inference to be drawn from absence of semen, other bodily fluids or fact that hymen has not been ruptured
In criminal proceedings at which an accused is charged with an offence of a sexual or an indecent nature, the court shall not draw any inference only from the absence of evidence of semen or other bodily fluids on or within the body of a complainant or from the absence of evidence of rupture of a complainant’s hymen.[section 8A inserted by section 4 of Act 4 of 2022]9. Special duties of prosecutor where accused is charged with sexual offence
In criminal proceedings at which an accused is charged with an offence of a sexual nature, it shall be the duty of the prosecutor to consult with the complainant in such proceedings in order -10. Special duties of member of police in respect of bail applications where accused is charged with sexual offence
In criminal proceedings at which an accused is charged with an offence of a sexual nature, it shall be the duty of the member of the Namibian Police Force in charge of the investigation -11. Amendment of section 1 of Act 51 of 1977
Section 1 of the Criminal Procedure Act, 1977 (hereinafter referred to as the principal Act), is hereby amended by the insertion in subsection (1) after the definition of “charge” of the following definition:‘“complainant’, in relation to an offence of a sexual or indecent nature, means a person towards or in connection with whom any such offence is alleged to have been committed, irrespective of whether or not that person has actually laid a complaint or gives evidence in the criminal proceedings in question;”.12. Insertion of section 60A in Act 51 of 1977
The following section is hereby inserted in the principal Act after section 60:60A. “Rights of complainant in bail application where accused is charged with rape13. Amendment of section 62 of Act 51 of 1977
Section 62 of the principal Act is hereby amended by the addition of the following subsection, the existing section becoming subsection (1):“(2) If an accused who is in custody on a charge of rape is released on bail, the court shall, notwithstanding the provisions of subsection (1), add such further conditions of bail as will, in the opinion of the court, ensure that the accused does not make contact with the complainant concerned.”.14. Amendment of section 153 of Act 51 of 1977
Section 153 of the principal Act is hereby amended -15. Amendment of section 154 of Act 51 of 1977
Section 154 of the principal Act is hereby amended -16. Insertion of section 211A in Act 51 of 1977
The following section is hereby inserted in the principal Act after section 211:211A. “Evidence during criminal proceedings of similar offences by accused17. Amendment of section 227 of Act 51 of 1977
Section 227 of the principal Act is hereby amended by the deletion of the words “or as to the character of any woman upon or with regard to whom any offence of an indecent nature has been committed,”.18. Insertion of section 227A in Act 51 of 1977
The following section is hereby inserted in the principal Act after section 227:227A. “Evidence of sexual conduct or experience of complainant of rape or offence of an indecent nature19. Short title and commencement
This Act shall be called the Combating of Rape Act, 2000, and shall come into operation on a date to be fixed by the Minister of Justice by notice in the Gazette.History of this document
15 May 2024 this version
Amended by
Combating of Rape Amendment Act, 2022
15 June 2000
Commenced by
Commencement of the Combating of Rape Act, 2000
19 April 2000
Assented to
Documents citing this one 293
Judgment 272
Gazette 11
Act 7
1. | Criminal Procedure Act, 1977 | 1952 citations |
2. | Combating of Domestic Violence Act, 2003 | 387 citations |
3. | Prevention of Organised Crime Act, 2004 | 366 citations |
4. | Correctional Service Act, 2012 | 117 citations |
5. | Child Care and Protection Act, 2015 | 60 citations |
6. | Children’s Status Act, 2006 | 21 citations |
7. | Criminal Procedure Act, 2004 | 18 citations |
Law Reform Report 3
1. | Report on Customary Law Marriages | |
2. | Report on the Abolishment of the Common Law Offences of Sodomy and Unnatural Sexual Offences | |
3. | Report on the Mental Health Bill |