Can a 16-year-old be tried as an adult if caught with porn?

In a recently posted article on the subject, a local therapist informed readers of the psychological implications of these actions. We now ask experts what the legal implications might be.

POLOKWANE – Pornography is any depiction, in visual or written form, that is intended to inappropriately arouse sexual feelings.

It has been brought to Review’s attention that more and more children of school age are engaging in the capturing and sharing of pornographic content. In a recently posted article on the subject, a local therapist informed readers of the psychological implications of these actions. We now ask experts what the legal implications might be.

Pornography is readily available and shared more easily now than ever before, thanks in no small part to the internet. It can be found in written material such as romance novels, photographs, movies, electronic images, video games, social media posts, phone apps, erotic telephone conversations and music.

Psychological therapist, Juanita Marx.

Psychological therapist Juanita Marx told Review that people do not understand that legal action can be taken against anyone from the age of 16 if they are caught with pornographic material. Whether they are still in school or not, children between 16 and 18-years-old are seen as adults in the eyes of the law.

“This means that they can be taken to court and charged as adults. Sharing a picture of someone, even if they are in their pajamas, is pornographic material,” Marx explains.

According to Marx, children caught with pornography can be given hefty fines but because this offence is viewed in such serious light, they could also face jail time.

Limpopo Police Spokesperson, Col. Ronel Otto.

Limpopo Police Spokesperson, Col. Ronel Otto says apart from fines and a prison sentence, anyone found guilty of involvement with either the production or distribution of pornography will be registered on the sex offenders database. Once registered, a name cannot be removed. “It is something that will stay on your record for the rest of your life,” Otto warns.

Sanca social worker, Amanda Swanepoel.

Amanda Swanepoel from Sanca (South African National Council on Alcoholism and Substance Abuse) works with people who suffer from various forms of addiction. She explains that people can become addicted to pornography.

“It is something that is just as addictive as gambling and even drugs. People start getting such a dependency on it that they can look at nothing else. It takes over their lives,” Swanepoel says.

She adds that the biggest problem with pornography is that it is too easily accessible. “Even children can get a hold of websites, videos and even pictures with the greatest ease,” she continues.

She says the most obvious warning sign to look out for, is when someone chooses to spend an unhealthy amount of time on their computer or cell phone.

“I would advise parents to ensure they control what children do on their computers and phones at all times, check their internet history and be aware of who their chatting to and what they’re talking about,” she adds.

Otto advises parents to put a stop to their children’s participation in pornography as soon as possible as it could lead to greater problems down the line. “Parents need to realise this is serious, because a child who does not get help and guidance early on could face serious legal action later on in their lives,” Otto said.

If you suspect a loved one is addicted to pornography, contact Sanca for assistance at 015 295 3700.

Their offices can also be visited at 33 Kerk Street Polokwane, or contact them via email at amanda@fnda.co.za or riette@fnda.co.za.

riana@nmgroup.co.za

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