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Law may decriminalize consensual sex for teens

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A newly adopted bill could afford children under the age of 18 the right to freely engage in sexual activity without fear of prosecution. The controversial bill, recently adopted by the Portfolio committee on Justice and Correctional services, has provisions that may allow for consensual sex between those not of age.

Under South Africa’s current Sexual Offenses Act, any and all sexual activity between teens has been criminalised. The act is however somewhat broad in its definition of sex, meaning that kissing would also be counted in this regard. Furthermore, a mandatory clause makes parents liable to report their children if found guilty of such acts.

RAPCAN, one of the organisations involved in the new bill has described the current provisions as being ‘ludicrous’. Executive director, Christina Nomdo said it was their belief that parents need educate and govern their children, and not the state. According to her, criminalisation would also put children in direct contact with the country’s criminal justice system, something they were strongly opposed to.

“The age of consent (under the new bill) remains 16 years, so nothing has changed in that regard. I must say that none of the organisations that took up this matter would like to encourage sexual activity between adolescents, and we don’t think it is advantageous for them to have sex at a young age,” she stressed. The move was however simply a way to address the strict provisions listen in the 2007 bill.

The move has received some criticism, especially amongst those who suggest it would further encourage the youth to engage in sexual activity. But Nomdo was keen to reiterate the role of parents in educating their children and openly communicating with the risks were.

“So whatever else is going on in the media, you still have complete input into your children’s lives by parenting them on a daily basis and giving them the correct guidance,” she said.

The view of the state is reportedly that experimentation is a learnt trait, and therefore criminalisation could be view as the measure best suited to eradicate it. Whilst in agreement that laws needed to be established in relation to what the reality was, she said the manner in which these laws were implemented need be guided by the constitution and evidence. With regards to the latter, RAPCAN had provided government evidence from several local psychologists, who had conduct broad based studies on the culture of teens in the country.

“The current law provides a rift between parents and children, and this is not a good thing…I think i would continue to say that it is a good thing we have restored the rights of parents to parent their children , and for the state to support that with programmes in schools and with social development programmes,” she added. VOC (Mubeen Banderker)


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