Last Change:

10/08/2024

Law determining Offences and Penalties in general Law 68 of 2018

Year: 2018

Type: Domestic law

Rights Category: Liberty & security of person

Description

This Law sets out:
1º general principles governing offences and penalties;
2º offences and penalties in general.

Selected provisions
Article 134 - Rape

A person who causes another person to perform any of the following acts without consent by use of force, threats, trickery or by use of authority over that person or who does so on grounds of vulnerability of the victim, commits an offence:
1º insertion of a sexual organ of a person into a sexual organ, anus or mouth of another person;
2º insertion of any organ of a person or any other object into a sexual organ or anus of another person.

Any person who is convicted of rape is liable to imprisonment for a term of not less than ten (10) years but not more than fifteen (15) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) but not more than two million Rwandan francs (FRW 2,000,000).

If rape was committed on a person aged over sixty-five (65) years, a person with a disability or illness that makes him/her unable to defend himself/herself, the penalty is imprisonment for a term of more than fifteen (15) years but less than twenty (20) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) but not more than two million Rwandan francs (FRW 2,000,000).
If rape resulted into an incurable illness or disability, the offender is liable to imprisonment for a term of more than twenty (20) years but not more than twenty-five (25) years and a fine of not less than five hundred thousand Rwandan francs (FRW 500,000) but not more than one million Rwandan francs (FRW 1,000,000).
The penalty is life imprisonment if rape:
1º was committed by more than one person;
2º resulted into death of the victim;
3º was committed on a relative up to the second level.
4º was committed with intention to infect the victim with an incurable illness.

Article 137 - Sexual violence against a spouse

A person who commits a physical and sexual violence on his/ her spouse commits an offence. Upon conviction, he / she is liable to imprisonment for a term of not less than three (3) years but not more than five (5) years.

Article 149 - Sexual harassment

Sexual harassment are repeated remarks or behaviour of sexual overtones towards a person that either undermine, violate his/her dignity because of their degrading or humiliating character which create against him/her an intimidating, hostile or unpleasant situation.

Any person who commits any of the acts referred to in Paragraph One of this Article, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than six (6) months and not more than one (1) year and a fine of not less than one hundred thousand Rwandan francs (FRW 100,000) and not more than two hundred thousand Rwandan francs (FRW 200,000).
In case the offender is an employer or any other person who uses his/her responsibility to practice acts of sexual harassment on a subordinate through instructions, threats or intimidation with intention to achieve sexual pleasure, he/she is liable to imprisonment for a term of more than one (1) year and not more than two (2) years and a fine of not less than two hundred thousand Rwandan francs (FRW 200.000) and not more than three hundred thousand Rwandan francs (FRW 300.000).