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Search the Centre for Child LawLatest NewsThe Centre in court - Constitutional challenge to the criminalization of consensual sexual activities between adolescents On 23 to 25 April 2012, the Centre for Child Law appeared on behalf of the Teddy Bear Clinic and RAPCAN in the North Gauteng High Court. The Application challenged the constitutionality of sections in the "Sexual Offences Act" which criminalizes consensual sexual activities between children aged 12 and above, but below 16 (sections 15 and 16). It further challenged the requirement that any person, including parents, teachers, nurses, doctors, pastors etc, who is aware of such consensual sexual activity between adolescents report the children to the police, or face a possible prison term (section 54(1)(a)), and lastly it challenged provisions that provide for the inclusion of a convicted child's name in the National Register for Sex Offenders (sections 50(1)(a)(i) and sections 50(2)(a)(i)). The application was opposed by the Minister of Justice and Constitutional Development. Submissions were also made by the Women's Legal Centre and Tshwaranang in support of the applicantion; and by the Justice Alliance for South Africa (JASA) against the application. Judge Rabie, presiding over the matter, emphasized the importance of this case due to the consequences of the provisions criminalizing consensual sexual activities on adolescents. The consequences of criminalizing these children for consensual sexual behaviour are vast, for example: in fear of being reported, children might not access support and health care services when needed; they are humiliated and exposed to offenders by going through the criminal justice system and sex offenders programmes when diverted; and there is even a risk that their names could be included within the National Register for Sex Offenders. Judgment is expected later in 2012. Click here for news reports on the matter. |
