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    31/01/2008 10:28 AM - (SA)
    Time with Toyah - What were they thinking?
    Toyah Lord


    IT'S official! The verdict is in. And the South African government has given new meaning to the saying, "Sweet 16 and never been kissed".

    As of last month, it is now officially a criminal offence for teenagers under 16 years of age to kiss or cuddle someone three years their junior. The new law states that even if both parties consent, it is a crime for them to show their affection for each other in public.

    A contradiction if ever there has been one is that 12-year-olds are allowed to access contraception AND can decide to abort an innocent life if they fall pregnant.

    Where is the common sense in that?

    I know the amendments to the Criminal Law (Sexual Offences and Related Matters) aim to address more serious issues ? such as that men and boys can now be considered raped ? but one needs to ask oneself how fair and practical this specific bit of legislation is. Come on, we have all been teenagers with raging hormones, so we all know what it is like to experience our first kiss ? which, let's face it, normally occurs before our Sweet Sixteenth.

    Although I cannot talk on behalf of others, I know that if I am told to not do something, especially as a teenager, it will just drive me to want to do it more. So all I really see this law achieving is pushing our teens, who are probably already revved up as it is by this new law, to rebel against it and possibly end up doing things that are by far a lot worse than kissing or cuddling.

    While I am sure the people who drafted this new law had the very best intentions in mind, I fear they might have forgotten what it was like when they were teenagers. At the end of the day, teenagers will be teenagers and there is not much we can do about that, except respect them and hope this will be reciprocated with responsibility.

    That aside, I think the main question on many people's minds is how the government and the South African Police Service plan to enforce this law. In a country with stretched policing resources, should the available resources not be focused on combating more serious crimes?

    And we certainly do have our pick in South Africa!

    The first thing to consider when drafting a law is the possibility of its enforcement. Don't waste precious time coming up with laws you know will stand no ground because there is no way that you can enforce them.




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