Justice For Children

Press Statement on Juvenile Justice and the Rights of Children in Conflict with the Law

Justice for Children (JCT) expresses concern over the recent case involving two juveniles aged 16 and 17, who were arrested and detained at Mutare Remand Prison after being accused of ra**ng their 17-year-old classmate. The minors were reportedly placed in a cell shared with seven adults, a clear violation of Section 81 of the Constitution of Zimbabwe and international child protection standards that require separation of juveniles from adults in detention.

While JCT sympathises with survivors of sexual violence, it is important for communities to understand the complexities surrounding cases involving children and adolescent sexuality. The public is reminded not to act as judges before the court has made their determination, as what may initially appear as a case of sexual violation could, in some instances, involve consensual sexual experimentation among minors. Such cases must be approached with sensitivity, care, and adherence to due process, to avoid further harm to any of the children involved. Increasingly, children are engaging in consensual sexual activity among peers, and as such, it is crucial to establish all the facts before making assumptions, labeling, or publicly shaming those involved. Public discourse should always prioritise the protection, dignity and best interests of every children.

Bail was denied by the Magistrates’ Court, reportedly due to public outcry following the circulation of a video of the alleged incident on social media. Justice for Children intervened on Friday, 3 October 2025, filing a bail application at the High Court, which was only heard on 8 October 2025, exceeding the 48-hour timeframe required for bail hearings.

Although the juveniles were eventually granted bail and released into the custody of the Department of Social Development, one of the bail conditions required each juvenile to pay USD $200, an unreasonable condition given that both are O’Level students with no source of income. Their incarceration placed their education at risk, as they were due to sit for their examinations during this period. Through JCT’s intervention being supported by UNICEF, both accused juveniles were released on 8 October 2025 by the Mutare High Court into the custody of the Department of Social Development. At present, both the Complainant and the Accused juveniles are sitting for their O’Level examinations under the Department’s supervision pending commencement of trial.

JCT takes this opportunity to encourage parents, guardians, educators and community leaders to strengthen sexual and reproductive health education for adolescents, equipping them with knowledge about responsible behaviour, consent and the legal implications of their actions. While the allegations in this case are serious, JCT underscores that even juveniles remain innocent until proven guilty. The justice system must treat children differently from adults, focusing on rehabilitation, education and reintegration rather than punishment.

JCT calls upon the justice system and relevant authorities to:

1. Ensure that detaining juvenile should be a measure of last resort and if detained they should never be detained with adults under any circumstances.
2. Adhere to the 48-hour rule for bail applications involving minors.
3. Review bail conditions to make them fair and considerate of the economic status of children.
4. Protect the right to education for all children in conflict with the law.
5. Strengthen child-friendly justice practices that prioritise rehabilitation and reintegration.
Justice for Children remains committed to promoting a child-sensitive justice system that upholds the best interests of every child and ensures access to justice that is fair, dignified and restorative.