Arrested For Consensual Sex

There are a couple of reports out of Malawi about people being arrested for consensual sex. The age of consent in Malawi is 14. The first report I found was about a brother and sister.

Police in Salima have arrested Rodrick Elisa (18) and Sellina Elisa (16) for having sex relationship that has resulted in a four-month pregnancy.

They have been charged of incest.

They were both arrested and charged. Who is the “victim?”

According to section 157 of the penal code, a male who has canal knowledge of a sister, mother, daughter and granddaughter knowingly is guilty of incest.

According to Malawi News Agency report which quoted Central Region Police spokesperson John Namalenga, the two started having a sexual relationship in January 2011.

It sounds to me like the only problem is that they aren’t using contraception, which they really should at such a young age.

He said the children’s mother discovered the existence of the affair on April 15 2011 after noting physical body changes in Sellina and reported the matter to Salima Police Station.

So their mother is the rat. Perhaps she should have instructed them about their contraception options in the first place?

I was able to find another report out of Malawi from the same news source. This one is about a mother and son.

Malawi Police have arrested a 44-year-old woman in Mzimba for having sex with her biological son and charged them with incest.

Again, if both are being charged with a crime, who is the victim?

According to Mzimba Police spokesperson George Kondowe, Naomi Kalua was having sex romps with her son Matthews Kalua, 26, after meeting at a local pub. They come from Mkhulu Soko Village, Traditional Authority Chindi.

Quoted by The Nation, Kondowe said: “They [mother and son] left the drinking joint together for home at around 4pm. Upon reaching home, they went straight to the house of the mother where they closed the door behind them. However, one of the woman’s elder sons went to his mother’s house but found the door closed. He forced the door open after noticing that there was no response despite knocking repeatedly.

“When the elder son entered the house, he heard [someone] groaning from his mother’s bedroom and this made him to be suspicious,” said Kondowe.

He must have known what was going on, even if he didn’t know between whom. Perhaps he was jealous?

Police spokesman said the elder son immediately called a female neighbour to find out what was happening in his mother’s bedroom and the neighbour is said to have witnessed the two having sizzling sex.

Officers at Euthini Police Unit arrested the mum and her son.

Incest charge carries a maximum sentence of five years imprisonment.

Five years in prison for consensual sex with another adult? Why can’t people mind their own business? Why can’t the police respond to such reports with a polite rebuff, explaining that they have more serious matters to deal with? If adults have found love, or at least enjoyment with each other, what is the problem?

Worldwide, adults should be free to pursue their right to love, sex, and marriage with any consenting adults.