Summary of the Constitutional Court Judgement on Sections 15 and 16 of the Sexual Offences Act, Pertaining to Consensual Sexual Conduct between Adolescents 12 to 16 Years of Age

In 2007 the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007); widely referred to as the Sexual Offences Act, replaced the Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality Act, 1957). This act codifies the law relating to sex offences. It has been pivotal in creating a more nuanced and critical understanding of sexual violence, and creating the opportunities for victims of such violence to access justice and support. Specifically it broadened the range of acts that constitutes sexual offences (beyond vaginal penetration), standardised the age of consent for heterosexual and homosexual sex, and provides for a range of services to victims of sexual violence. However, in 2010, it became evident that Sections 15 and 16 of this Act, pertaining to adolescents, whilst intending the greatest possible protection for children, was actually unnecessarily punitive.
Sections 15, pertains to consensual sexual penetration with a child between 12 and16, and Section 16 of this Act, pertain consensual sexual violation with a child between 12 and 16. Because the definition of ‘sexual violation’ is so wide these sections criminalise romantic or sexual contact between adolescents including kissing, hugging consensual sexual intercourse between adolescents.

Publisher: University of Cape Town
Year of Publication: 2013
Download : 18026_ttbc_rapcan_con_court_case.pdf