A number of factors influence a police`s decision to charge or prosecute a person for having sex with a person under the age of consent. It is up to the police to decide what to do, not to someone else. While police are less likely to charge two 16-year-olds who are having sex, for example, if there appears to be a power imbalance or things seem more complex, they could always go all the way. However, the official age of consent is still 16. This means that adults (in South Africa, an adult is a person over the age of 18) are not allowed to have sex with minors (12, 13, 14 and 15 years old). Click here for a list of the age of consent worldwide. Revealing what rape culture is and how it contributes to sexual violence has been a revelation for many. „It`s the acceptance of rape as `inevitable` in a society that says, `Don`t get raped,` as opposed to `Don`t rape.` A society that teaches rape prevention instead of consent. Rape culture ranges from things that seem `normal` to those that are more open and explicitly violent,“ writes Jesse Jade Turner for Parent24. Section 311 (3) further provides that consent is not a defence to charges under section 309 (homosexuality) or section 310 (incest).
Knowing the importance of consent and making sure it`s present in all sexual activity isn`t just helpful, as it helps you avoid getting into trouble with the police – it means sex can be pleasurable, satisfying, respectful, and fun for everyone involved. The Sexual Offences Act (2018) amended the existing Criminal Code and set the age of consent at 18. [68] People can demonstrate sexual consent through words or actions. Just because someone doesn`t say „no“ doesn`t mean they agree. We all have the right to react differently. You can check if you get an enthusiastic „yes“ from the other person, either by words or actions. If you don`t, or if you receive mixed signals or aren`t sure, it`s your responsibility to stop doing what you`re doing. Continuing could be sexual assault.
However, an important conclusion here is that even if someone is of legal age to have sex, it does not mean that they automatically consent to sex. You can always say „no“ or imply. Some online sources incorrectly state that the age of consent is 12, but Article 192 criminalizes all sexual acts with persons under the age of 14 (penalties are increased if penetration takes place or if the victim is under 12). The interim constitution, which entered into force in 1994, prohibits discrimination on the basis of sexual orientation, as does the final constitution, which was replaced in 1997. Accordingly, in 1998, in National Coalition for Gay and Lesbian Equality v. Minister of Justice, the Constitutional Court struck down laws banning same-sex relations. In the present case, however, it was not a question of the difference between the age of heterosexual and homosexual consent provided for in section 14 of the Sexual Criminal Law Act. A new penal code was published in 2011, but the age of consent was not changed, which was raised from 15 years. [20] The age of consent in South Africa is 17. This means that it is illegal for someone to have sex with someone under the age of 17. For example, an 18-year-old who has sex with a 15-year-old.
Ultimately, teaching children about sexual consent and incorporating lessons about rape culture into school curricula could have a huge impact on reducing sexual crimes against women in South Africa. „Discussions and conversations about consent need to start at an early age,“ says lawyer Jackie Nagtegaal, Executive Director of LAW FOR ALL. „It`s about changing the perception of rights and instilling notions of respect for boundaries in young minds, which will have a bigger impact on changing the culture in which younger generations grew up. The Protection of Mentally Disabled Girls and Women Act 1916, which replaced the various age of consent laws of the four colonies of the Union of South Africa, criminalized sexual intercourse between a man and a girl under the age of sixteen unless they were married. This law was replaced by a prohibition similar to section 14 of the Immorality Act 1957. Although sexual relations between men were already illegal and prohibited by common law as „bestiality“ or „unnatural sexual acts“, the Immorality Act also criminalized sexual intercourse between a man and a boy under the age of sixteen. The age of consent is 18, regardless of gender. The age of consent in Egypt is 18 for heterosexual men and women.
