Harare- In a forceful intervention into a national controversy, Linda Tsungirirai Masarira, President of the Labour Economists and Afrikan Democrats (LEAD), has declared that the alleged sexual encounter between adult woman Memory Makedenge and a 17-year-old boy constitutes a criminal offence under Zimbabwean law, regardless of public perception or social media commentary.

Masarira’s statement, released amid widespread public debate and online discussion of the case, seeks to reframe the narrative around the incident, emphasizing the legal protection of minors and challenging what she describes as “victim-blaming narratives rooted in toxic masculinity.”

Legal Clarification Amid Public “Confusion”

The LEAD president directly addressed the “national outrage and confusion” surrounding the case, providing a strict legal interpretation. She cited Zimbabwe’s Criminal Law (Codification and Reform) Act, noting that a 17-year-old is unequivocally a minor.

“A minor cannot legally give full consent to sexual intercourse with an adult,” Masarira stated. “Therefore, regardless of how the encounter appears… the act cannot be deemed fully consensual in law.”

She clarified that while the country’s gender-specific definition of rape (Section 65) may not apply, the appropriate charge should be “Sexual Intercourse with a Young Person” under Section 70 of the same act. This provision is designed to protect minors from sexual exploitation by adults.

Challenging Societal Norms and Calling for Legal Modernization

Masarira used the incident to highlight a broader societal blind spot, arguing that Zimbabwe must confront the reality that boys and young men can also be victims of sexual abuse.

“It is imperative for the nation to avoid victim-blaming narratives… which assume a minor boy cannot be abused if he appears physically responsive,” she asserted. “Biological reactions do not constitute consent.”

Her statement culminated in a call for legislative reform, pointing to a “longstanding gap” in the national discourse on gender-based violence. She urged Zimbabwe to modernize its sexual offences laws to adopt a “gender-neutral, consent-based definition of rape,” aligning the country with international human rights standards.

A Stand for Equal Protection

Positioning her party as an advocate for systemic change, Masarira concluded by reaffirming LEAD’s commitment to child protection and judicial fairness.

“LEAD stands firm in advocating for equal protection for all children, strengthening child safeguarding systems, and ensuring that the justice system treats every case of sexual exploitation… with seriousness, dignity, and sensitivity,” she said.

The statement shifts the focus from the sensational details of the case to foundational questions of legal protection, gender equality, and the rights of child victims, challenging both public perception and the adequacy of current Zimbabwean law.