UPDATE: Sex between children is now legal

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

“The bill recently passed the National Council of Provinces and President Jacob Zuma’s desk, and is now law,” says advocate Carol Johnson from the Department of Justice .

The Addie recently published an article, ‘Sex between consenting children to be decriminalised‘, and soon after, the bill was made law.

The Constitutional Court previously ordered Parliament to amend two sections of the bill which it found invalid and 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.

This is no longer the case.

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

“Many people think the amendments bring about a lowering in the age of consent to 12 years, but this is simply not the case,” says Johnson.

She explains 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.

Members of Parliament felt strongly about educating children regarding consensual sexual conduct.

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.

“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.