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Judge Pierre Rabie ruled that two sections of the Sexual Offences Act, which criminalises consensual sexual activity between children age 12 and 16, invalid and deemed them to be inconsistent with the South African constitution.
So for the moment, as long as Parliament does not rectify Act 32 of 2007, children between the same ages of 12 and 16 may have consensual sex with each other without prosecution.
We are committed to helping you find the perfect match, no matter where in the world you may be.In South Africa a person is considered to be a child, when he or she is under the age of 18, however the Sexual Offences Act does allow consensual sex for persons 16 and older.This creates a problem where the parents of a child between 16 and 18 do not consent to their child having sex.South Africa also has a complex definition for what is considered a ‘sexual act’, and it is important that all persons are well aware of what is considered sex as per definition of the law.The consent for sex between the ages of 12 and 16 has also been hotly debated in newspapers, social media and even a court of law, with no proposal or amendment to the current act to resolve the issue (by May 2014).