Draft legislation before the Lesotho parliament providing...

Draft legislation before the Lesotho parliament providing stringent penalties for sexual offenders and child abusers proposes the death penalty for people who commit sexual offences knowing they are HIV-positive.
The minister of justice, law and constitutional affairs, Refiloe Masemene, outlined the proposals when he introduced the debate on the Sexual Offences Bill in the National Assembly.
The minister said the bill removed gender discrimination in the definition of sexual offences and also enlarged the category of sexual activities to be covered by the definition.
The bill provides for compulsory testing of persons who have committed sexual offences, in order to determine an appropriate sentence. Where a person is found to be infected with HIV and at the time of the commission of the sexual offence knew he was infected, the death penalty will be imposed.
On the other hand, where a person is found to be HIV-infected but at the time of the commission of the offence had no knowledge of the infection, the penalty will be not less than 10 years imprisonment.
The new crimes affecting children include child molestation, commercial exploitation of children and child prostitution. Persons convicted of persistent sexual abuse of children will be sentenced to imprisonment of not less than 10 years.
The bill provides that marriage shall no longer be a defence for a husband to engage in sexual activity with his wife without her consent.
The minister of health and social welfare, Motloheloa Phooko, said the introduction of the legislation on sexual offences was necessary at this time against the background of the rising incidence of cases of rape, including rape of babies.