Penal Code Chapter 7:01, Chapter XV: Offences against morality (abduction, forced marriages, and sex work)

Per section 135, taking or detaining a woman of any age against her will for the purpose of marrying or engaging with her sexually (either for oneself or for another) is prohibited and punishable by seven years of imprisonment. Section 136 prohibits taking a child from the custody or protection of a parent or lawful caregiver against the will of such parent or caregiver and punishes the offence as a misdemeanor. Section 140 prohibits procuring or attempting to procure: (i) a girl or woman under 18 years of age for unlawful sexual relations in Malawi or elsewhere; (ii) any girl or woman to become a prostitute, in Malawi or elsewhere; (iii) any girl or woman to leave Malawi with intent that she should work at a brothel elsewhere; or (iv) any girl or woman to leave her current residence in Malawi with the intent that she should work at a brothel in Malawi or elsewhere. Such offences are punishable by life imprisonment. Section 141 criminalizes and punishes with 14 years of imprisonment the use of threats, intimidation, false pretenses and/or representations, or drugs to overpower a woman for the purposes of unlawful sexual activity in Malawi or elsewhere. However, convictions under the section cannot be sustained on the evidence of a single witness without corroboration. Section 143 criminalizes detaining a woman or girl without her consent with intent that she will engage sexually and unlawfully with any man, in general or in a brothel. It further criminalizes withholding clothing from a woman to prevent her from leaving where she is detained and provides legal protection for any woman who, in an effort to leave detention, appears unclothed in public. It is a misdemeanor for men (Section 145) and women (Section 146) to knowingly live off the earnings of sex workers. Further, men proven to be living with sex workers or controlling or influencing the movement of sex workers will be presumed to be knowingly earning from them (Section 145). Operating a brothel is punishable by seven years imprisonment (Section 147) and promoting prostitution is defined and punished in section 147A.