Judge Pierre Rabie ruled that two sections of the Sexual Offences Act, which criminalises consensual sexual activity between children age 12 and 16, invalid and deemed them to be inconsistent with the South African constitution. However this portion of the law has been amended by a controversial court ruling in the Pretoria High Court on the 15th of January 2013. With Act 32 of 2007, it is illegal for any person under the age of 16 to consent or be involved in any sexual act, thus both parties can be prosecuted for statutory rape regardless of their ages. The latter is usually the more difficult one to proof, as many children do show some mental level of ‘adulthood’ as early as age 15, and are generally perceived more responsible than younger kids. It may in some cases be considered as ‘statutory rape’: If the parents are willing to go through the criminal procedure by opening a case and if the court can determine that the child did not possess the mental capacity to be considered “emancipated” or of a mental state to make decisions like an 18-year-old adult. This creates a problem where the parents of a child between 16 and 18 do not consent to their child having sex. In South Africa a person is considered to be a child, when he or she is under the age of 18, however the Sexual Offences Act does allow consensual sex for persons 16 and older. Both parties need to give their clear indicative or explicit permission before every sexual act is committed. In section 56 of the Sexual Offences Act in South Africa, it is made perfectly clear that a marriage friendship or any other type of relationship do not count as ‘consensual’. ‘Consensual sex’ refers to where both parties agree to sex or a sexual act, and conform to all other legal requirements as per legislation. these rules also apply to animals and corpses.touching or feeling a person’s genitals, the anus or female breasts.penetration can be with any body part or an object.any form of penetration (this includes genitals, the anus, and in some cases one’s mouth).kissing someone to the point of sexual arousal (or in laymen terms – French kissing).In South Africa the law considers a sexual act to be anything that can cause sexual stimulation or arousal. The Act governing the age of consent, and other related sexual matters and offences in South Africa are the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007, as amended. It is illegal to have sex with a child under the age of 12, and for a child under the age of 12 to have sex with any person (regardless of age), even if the sex is consensual between the two persons. For example a 17-year-old will be able to have consensual sex with a 15-year-old. The consent for sex between the ages of 12 and 16 has also been hotly debated in newspapers, social media and even a court of law, with no proposal or amendment to the current act to resolve the issue (by May 2014).Ĭonsensual sex is also allowed between children where one is below 16 and the other one above 16, provided that the age difference between them is not more than two 2 years. South Africa also has a complex definition for what is considered a ‘sexual act’, and it is important that all persons are well aware of what is considered sex as per definition of the law. Persons also need to be weary of the age of becoming an adult (age 18 in South Africa), where the parents of a child still has authority about what he or she may consent to whilst under age 18. The sex act must also be consensual between both parties. Generally the legal age of consent is considered to be age 16 and above for all genders and sexual orientations, but certain exceptions apply, including that of sex with someone with a mental disability and other factors. South Africa has a somewhat complex regulation when it comes to the legal age of consent for sex or any related sexual act. The ages of consent to sex (or any sexual act) in South Africa and their complications Introduction 3 Homosexuality (LGBTI) and gender discrimination.
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1.9 Ages 18 and above (and other related consequences).1 The ages of consent to sex (or any sexual act) in South Africa and their complications.