Consent case: Judgment reserved

2008-08-28 14:24

Johannesburg - Judgment was reserved in less than an hour in a case in which the State had hoped to get the Constitutional Court to raise the age of consent for sex from 16 to 18.

The case revolves around a dentist's conviction for under-age sex and his successful appeal against the conviction. This on the grounds that the old age of consent for homosexual sex of 19 was unconstitutional and discriminatory because heterosexual sex was permitted at 16.

The law was changed in 2007 to 16 for both homosexual and heterosexual sex, leading the judges to ask what the point of Thursday's argument was.

The National Prosecuting Authority had argued for the higher age of 18 on the grounds that the state had an obligation to protect children.

Said state advocate Christo Roberts: "Children are entitled to adequate protection. That is the only reason why we are doing it."

Judge Albie Sachs also pointed out that raising the age would result in making people over 16 subject to criminal penalties.

"Raising the age to 18 must be discussed in Parliament," said Sachs.

After no further submissions judgment was reserved.

- SAPA