3.1 Domestic violence
There is no definition of domestic violence under Tanzanian law. Tanzania has adopted the Maputo Protocol, which defines "violence against women" as all acts perpetrated against women that cause or could cause them physical, sexual, psychological and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situations of armed conflicts or of war. In its Guidelines for the Health Sector, the Ministry of Health and Social Welfare of Tanzania defines gender-based violence as an umbrella term for any act, omission or conduct that is perpetuated against a person's will and that is based on socially ascribed differences (gender) between males and females. In this context, gender-based violence includes but is not limited to sexual violence, physical violence and harmful traditional practices, and economic and social violence. The term refers to violence that targets individuals or groups on the basis of their being female or male.
3.3 Harassment
Section 138D of the Tanzanian Penal Code defines sexual harassment as follows:[13]
- Any person who, with intention, assaults or by use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person, commits the offense of sexual harassment and is liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding two hundred thousand shillings or to both the fine and imprisonment, and may also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offense was committed for any injuries caused to that person.
- Whoever, intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object including any organ whether male or feminine, intending that such word or sound shall be heard, or that the gesture or object shall be seen, by the woman or intrudes upon the privacy of the woman, commits the offense of sexual harassment.
- For the avoidance of doubt, unwelcome sexual advances by words or action used by a person in authority, in a working place or any other place, shall constitute the offense of sexual harassment.
- For the purpose of this section an assault may include any act which does not amount to rape under section 130 [of the Penal Code].
3.8 Marital rape
There is no definition for this term. The Tanzanian Penal Code only recognizes rape within marriage in cases where a husband "has sexual intercourse … with his wife who is separated from him without her consenting to it at the time of the sexual intercourse" or with his wife when she is 14 years of age or younger.[14]
The Law of Marriage Act, Cap. 29 governs matrimonial affairs in Tanzania. Section 66 of this law declares that "no person has any right to inflict corporal punishment on his or her spouse."