Sex between consenting children to be decriminalised

The bill states that where both children are between 12 to 15 years of age they can consent to sexual acts with each other.

Advocate Carol Johnson from the Department of Justice says it must still be considered by the National Council of Provinces (NCOP).

“It is important to note that it is not a law yet, and will only becomes a law once both Houses of Parliament have passed it and once the president (Jacob Zuma) has signed it into law,” she says.

The Amendment Bill emanates from two separate judgments of the Constitutional Court.

In 2013‚ the Constitutional Court ordered Parliament to amend the legislation after it ruled that sections 15 and 16 of the Sexual Offences Act were unconstitutional.

These sections used to mean that consensual sexual acts between children aged between 12 and 16 were a crime and that they could be criminally prosecuted.

Many people think the amendments bring about a lowering in the age of consent to 12 years.

“This is simply not the case,” says Johnson.

She explains that a child of 16 or 17 years can only have consensual sexual acts with a child of between 12 and 15 years if the age difference is two years or less.

The bill also states that before children are listed on the National Register for Sex Offenders‚ a state prosecutor must apply for such an order.

The court must also consider a report on the child’s probability of committing another sexual offence before deciding whether to list them on the register or not.

During the process of debating the bill, members of Parliament felt strongly about the importance of educating adolescents about sex.

The bill therefore includes an introduction that states the importance of “discouraging adolescents from prematurely engaging in consensual sexual conduct”.

This may harm their development when they engage in sexual conduct in a manner that increases the risks associated with sexual conduct.

After adopting the bill‚ the Parliament’s Portfolio Committee on Justice and Correctional Services recommended that some aspects raised needed further investigation.

This includes the aspect regarding the age of sexual consent and circumstances in which an adolescent is incapable of consenting to a sexual act.

“Government strongly believes children are precious members of society and any law that affects them must have regard to their vulnerability and need for guidance,” concludes Johnson.

Here are what some of the Addie’s Facebook readers think:

• Sheena Pillay: “They are still babies at 12 in my opinion, this is crazy. My daughter is 12 and I still watch her sleep. I pray her innocence will stay with her always.”

• Ashley Bush: “Not a chance, they’re so young and they’re only children. They can’t handle the responsibility that comes with everything.”

• Russell Robinson: “What about HIV and what that leads to? I have my doubts. Are people emotionally mature enough to he having sex when they should still be children?”

• Veronica Viljoen: “Ridiculous, they’re still children, they have their whole lives ahead of them to have sex. What’s happened to enjoying innocence and having clean fun?”

Connect with us:

Have a story? Send Izahn van Huyssteen an email on izahnv@caxton.co.za or contact her on 011 812 4828.

Like our Facebook page and follow us on Twitter as well as our journalists @SpringsJournOne and @SpringsJournTwo.

For news straight to your phone, invite us on BBM – 7EFABEF1.