No sex toys for kids
2003-01-21 19:48
Pretoria - Draft legislation released on Tuesday will make it an offence to sell, supply or display to a child an article intended to perform a sexual act.
Another draft bill, released at the same news conference, provides children of all ages with confidential access to condoms.
"We don't see this as conflicting," said Joan van Niekerk, leader of the SA Law Commission (SALC) task team that drafted the Sexual Offences Bill.
According to the draft bill it will be illegal to promote a sexual offence with a child.
In such an instance this would be when a person manufactured or distributed an article that promoted a sexual offence with a child, or when a person sold, supplied or displayed to a child an article which was intended to perform a sexual act.
In its draft Children's Bill, the SALC recommended that children of all ages be provided with confidential access to condoms.
"There is no real clash between the two," said Professor Noel Zaal, leader of the task team that drafted the Children's Bill.
He said the provision of condoms was seen as a pragmatic response to the need to protect children from sexually transmitted diseases like HIV/Aids, especially in the light of the myth that having sex with a virgin cured such infection.
"Its sole purpose is to protect children who are very vulnerable."
Zaal added: "We do not have the luxury of anyone picking their own morality and imposing it on society."
The draft Children's Bill did not suggest wholesale disbursement of condoms to children, but provided that they could get medical advice from an adequately qualified person, he said.
"Only if that person decides that they are in danger and in need of that kind of medical protection, they would get it."
Van Niekerk said one should distinguish between condoms, being used for protection, and the use of sexual toys where children are groomed for and seduced into sexual relationships.
"We do not believe that it is appropriate or correct to provide children with other sexual toys or objects."
Justice minister Penuell Maduna said a medically qualified person should not be prohibited from providing a condom to a sexually active child.
Zaal was asked whether it did not appear anomalous that a six-year-old could get a condom, but was legally prohibited from having sex.
He pointed out that another stipulation in the proposed legislation made it mandatory for certain professionals to report children in need of care and protection, while other people could do so voluntarily.
- SAPA