The Constitutional Court in Blantyre is this morning from 09:30 hearing application by a boy challenging the criminalization of consensual sex among adolescents targeting boys only.
The boy identified as AJ is arguing that arresting the boy contravenes the right to equality among others.
There has been debate on whether it is fair to arrest and convict a boy who has had consensual sex with a girl in his age bracket while sparing the girl.
Section 138 of the Penal Code criminalizes defilement, which is having sex with a girl of fewer than 16 years. On this law, the age of the male involved does not count.
In the case in question, 15-year-old AJ had consensual sex with his 13-year-old girlfriend.
Judges Mandala Mambulasa, Zione Ntaba and Jack Nriva are the panelists in the case.
