ABSTRACT
Zimbabwe has a classic dual legal system, with the state recognizing both general law and the customary law, both applied in the same court system. Choice of law is largely determined by the subject matter of the dispute. All cases involving violence – which would include rape or indecent assault of a girl child – are to be governed by the general law. The legal concept of 'consent' is insufficient for dealing with the complexities of children's and women's lives in societies like Zimbabwe. The issue of sexual consent is problematic in several ways. Part of the reason for the complexity of dealing with the sexual abuse of girls is that the traditional institution and concept of marriage is both complex and changing. Traditionally, marriage can be viewed as a central political institution in Shona society. The concept of the 'best interests of the child' is also problematic. Parents protect children, but according to their own world view.
