SUFFERING IN SILENCE: THE FAILURE OF MALAWI'S SEXUAL OFFENSE LAWS TO PROTECT CHILDREN--A HUMAN RIGHTS REPORT AND PROPOSED LEGISLATION.

Malawi has a duty to ensure that all Malawian boys and girls are protected from sexual violence and that justice is served on sexual abusers. Yet, sexual violence against children in Malawi is pervasive, and survivors face significant barriers in their quest for justice. The Constitution of Malawi and the country's legal obligations under various human rights treaties necessitate a detailed look at the gaps and inconsistencies in the laws that fuel rape culture and that grant impunity to sex offenders. Interview accounts by affected persons, children's and women's rights advocates, community leaders, and other stakeholders in Malawi also sound a chorus of voices calling for legislative change. This article argues that the current Malawian laws on sexual offenses relating to children-namely the laws in the Penal Code on "defilement" (i.e., statutory rape), incest, and sex with minors under one's care or protection-fail to protect adequately and equally all girls and boys under the age of 18 from sexual abuse and exploitation. Further, the law on statutory rape over-criminalizes sex between consenting teenagers, and the Child Care, Protection and Justice Act treats consensual teenage sex as a serious offense. This article proposes several key amendments to the Malawi Penal Code and the Child Care, Protection and Justice Act. If enacted, these amendments would help to align the protection of children with their rights guaranteed by the Constitution and international human rights treaties. [ABSTRACT FROM AUTHOR]