The High Court of Tanzania has overturned the conviction of four men found guilty of group sodomy, but upheld their life sentences for gang rape in a ruling that legal experts say underscores the distinction between consensual and non-consensual sexual acts under Tanzanian law.
The case stems from a 2021 incident in Mbeya Region, where the four men were charged with gang rape and unnatural offenses under sections of the Penal Code that criminalize both acts.
A lower court had found them guilty on both counts and sentenced each to life imprisonment, sparking debate among human rights advocates and legal scholars who questioned the overlapping charges.
According to court documents, the men were accused of attacking a woman in a remote village after a night of drinking. Prosecutors said the assault was carried out violently and without consent, resulting in serious physical and psychological injuries to the victim.
The trial court convicted them of rape and sodomy, treating the latter as an aggravating element in the crime, and handed down a mandatory life sentence.
The accused appealed to the High Court, arguing that the trial court had erred in law by convicting them of both gang rape and group sodomy for the same act.
Their defense counsel contended that the sodomy charge was redundant because the alleged act was already covered under the broader offense of rape, which includes both vaginal and anal penetration without consent under Tanzanian law.
In a ruling delivered on Monday, a two-judge bench of the High Court agreed with the appellants in part, noting that the lower court had “improperly duplicated charges” stemming from a single criminal act.
“It is a principle of law that an accused person should not be punished twice for the same offense arising from the same set of facts,” the judgment read in part.
The judges set aside the conviction for group sodomy, but maintained the life sentences for gang rape, affirming the severity of the crime and the suffering inflicted on the victim.
“While the sodomy charge cannot stand separately, the evidence on record overwhelmingly supports the conviction for gang rape, which remains a grave and punishable offense,” the court stated.
Legal analysts have described the ruling as an important clarification on how courts should interpret overlapping sexual offense charges.
Advocate Emmanuel Nnko, a criminal law expert, said the judgment highlights the need for prosecutors to exercise precision when framing charges.
“The decision doesn’t lessen the punishment but brings clarity to how rape laws should be applied. It’s a reminder that while sexual violence must be punished severely, the legal basis for such punishment must be sound,” he said.
However, human rights activists caution that while the ruling refines the legal process, it does not alter the broader criminalization of consensual same-sex relations in Tanzania — a law critics say fuels stigma and confusion in sexual offense cases.
“It’s a nuanced decision,” said Mariam Komba, a gender justice advocate in Dar es Salaam. “The High Court recognized a legal overlap without softening its stance on sexual violence.”
Officials from the Director of Public Prosecutions (DPP) welcomed the decision, calling it a “strong reaffirmation” of the state’s commitment to justice for victims of sexual assault.
“The High Court has sent a clear message that sexual violence will not be tolerated. Life sentences are appropriate in cases that cause deep harm to victims,” a spokesperson for the DPP’s office told The Citizen.
The Legal and Human Rights Centre (LHRC), meanwhile, urged the judiciary to continue refining the interpretation of sexual offense laws to ensure fairness and clarity.
Tanzania’s Penal Code criminalizes both rape and “unnatural offenses,” a colonial-era provision that has long been criticized for its broad and sometimes overlapping language.
The law defines rape as any non-consensual sexual penetration, whether vaginal or anal, and imposes life imprisonment for gang rape — one of the harshest penalties in the region.
Legal experts say the High Court’s ruling is likely to set a precedent for future cases where prosecutors charge suspects with multiple sexual offenses arising from the same act.
The High Court’s decision has reaffirmed the life sentences for the perpetrators, ensuring justice for the victim while streamlining the interpretation of overlapping sexual offense laws.
As Tanzania continues to strengthen its fight against gender-based violence, the ruling is seen as a balancing act between justice, legal precision, and human rights — a step toward a more coherent judicial system.
