Statutory rape is a form of child sexual abuse. It is a serious violation with severe consequences in South Africa. To protect children from being victims of statutory rape, there are some laws in place to regulate sexual relations among minors. Let’s look at some facts about statutory rape:

What is statutory rape?

Statutory rape is any sexual contact between an adult and a minor, regardless of consent. A minor is someone who has not reached the legal age of consent, which is 16 for both girls and boys in South Africa. This means it is illegal for an adult to have any sexual relations with anyone below the age of 16. However, there are other regulations as per the Criminal Law (Sexual Offenses and Related Matters) Amendment Act (2007):

• A child under the age of 12 cannot consent to sex. Even if their partner is considered a minor. Sexual intercourse with a minor of 12 years or younger will be considered rape, under any circumstances.
• If both partners are below the age of 16 but older than 12, it is not considered statutory rape. So, if partners between the ages of 12 and 15 have sexual contact, it will not be considered rape if both partners agree to have sex and the age difference between them is not more than two years.
• If anyone above the age of 16 has sexual contact with a minor younger than 16, it is statutory rape, even if the minor agrees to have sex.

What is sexual consent?

Sexual consent is a voluntary agreement between partners to engage in sexual activity. Consent must be freely given and not assumed or implied. It must be given without any manipulation, threats, or coercion. Before you can consent to sex; you must be 16 years and above, and be aware of what sex is, and what the consequences of sex are.

You should never be pressured to give sexual consent, be it by your partner or your friends. Deciding to have sex is a personal decision you should take when you feel ready for the possible risks that come with sex.

Sex is not a measure of love and should not be bargained to get consent. Remember that either you or your partner can still be charged for statutory rape if consent is given outside the legal age of consent.

Another important issue regarding sexual consent is stealthing. Stealthing is when one partner removes the condom during sexual intercourse without the consent of the other partner. Stealthing is rape and can result in jail time.

Who can report statutory rape?

Anyone who is aware that a minor is having sexual relations with an adult is required by law to report the crime. Even if the adult in the relationship is not aware of the minor’s age. It is important to be honest with your partner about your age to avoid this as it may result in jail time for the adult in the relationship.

There is no time limit for reporting acts of sexual assault and rape. As long as there is evidence that the minor did not consent legally, a charge will be laid, and the case may be prosecuted depending on the evidence presented to the court.

If you or someone you know needs to report a case of statutory rape, you can contact the SAPS on 10111 or go to your nearest police station.

If you or a friend need advice or help, you can contact me here on Ask Choma, send me a Facebook Message, a Twitter DM, or a WhatsApp Message (071 172 3657).