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17-Sep-2017 10:09

South Africa has a somewhat complex regulation when it comes to the legal age of consent for sex or any related sexual act.

Generally the legal age of consent is considered to be age 16 and above for all genders and sexual orientations, but certain exceptions apply, including that of sex with someone with a mental disability and other factors.

In South Africa the law considers a sexual act to be anything that can cause sexual stimulation or arousal.

A general guide line would be – ‘Consensual sex’ refers to where both parties agree to sex or a sexual act, and conform to all other legal requirements as per legislation.

With Act 32 of 2007, it is illegal for any person under the age of 16 to consent or be involved in any sexual act, thus both parties can be prosecuted for statutory rape regardless of their ages.

However this portion of the law has been amended by a controversial court ruling in the Pretoria High Court on the 15th of January 2013.

In section 56 of the Sexual Offences Act in South Africa, it is made perfectly clear that a marriage; friendship; or any other type of relationship do not count as ‘consensual’.

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The Act governing the age of consent, and other related sexual matters and offences in South Africa are the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007, as amended.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.Children under the age of 12, cannot be criminally prosecuted, but older persons can.

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It can also be argued by the hands of Act 32 of 2007 that children under the age of 12, engaging in sexual activities with themselves (for example masturbation), is illegal as the act defines sex as any activity where sexual arousal or stimulation is induced, that includes (as per the act), by oneself.

There is also a provision made for children who’s age difference are less than 2 years.

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