Judge: Parts of Sexual Offences Act absurd

2012-04-25 08:48

Cape Town - A North Gauteng High Court judge says certain provisions of the Sexual Offences Act are "absurd", it was reported on Wednesday.

The Act made consensual sexual activities between children aged 12 to 16 a crime, be it sex or kissing, but Judge Pierre Rabie said this could have far-reaching consequences, the Cape Times reported.

He said this would make it an offence for children under 16 to be kissed on the mouth by family members when greeting.

"This shows the absurdity [of some of the provisions of this Act]," he said.

He further said it would be an administrative nightmare should a doctor see 10 to 15 teenage patients in hospital a night, where it emerged they had had sex and would need to be reported to the police.

Under the Act, any person who was aware of consensual sexual activities between children had to report them to the police or face prosecution.

The Teddy Bear Clinic argued that by criminalising such acts, children might not access key health care services for fear of their sexual behaviour being found out.

  • Loo - 2012-04-25 09:13

    """ Under the Act, any person who was aware of consensual sexual activities between children had to report them to the police or face prosecution.""" WTF .. lol .. there is not enough parking at police stations .. lets etoll people some more so that we can expand police parking areas in order for us to report teenagers that have sex ....

      Ze Don - 2012-04-25 09:28

      It's been law for years that anyone having sex with a child under the age of 16 is guilty of statutory rape, consensual or not. So how is this ridiculous?

      Gordon - 2012-04-25 09:38

      except if both parties are under 16

      barry.mcbride - 2012-04-25 09:45

      @Ze Don: We all know that! Did you actually read the article?

      Kala - 2012-04-25 09:54

      Even if you got parking you would still not be assisted as the police would be out having sex with prostitutes in the back of their van.

      Squeegee - 2012-04-25 09:55

      Arrest the Swazi King the next time he visits SA.

      Liam - 2012-04-25 09:56

      @Ze Don He's not referring to statutory rape. Imagine being a parent to a 15 year old girl and you find out that she, and her 15 year old boyfriend, have gotten up to a bit of 'mischief'. You wont be allowed to handle the matter yourself. If you don't report it to the police, you will face prosecution. If she were to fall pregnant as a result and you were to take her to a doctor for a checkup, the doctor will be obligated to report you as well. This should be something that you, as a parent, are allowed to deal with yourself.

      Liam - 2012-04-25 10:09

      Legislating greeting loved ones is nonsensical, and we have bigger problems than teenagers kissing.

  • Jean - 2012-04-25 09:29

    wow, thus the tradition of greeting one's loved ones with a kiss died in an instant... less you want to be known as sexual deviant for kissing you're underage niece/nephew hello???????

      Tracy - 2012-04-25 10:34

      My 13 year old son will be happy to know this. He thinks it is just sooooo uncool for his mom to kiss him on the mouth (even the cheek is becoming off limits now days)!!!

      Kala - 2012-04-25 11:21

      I wonder if the police stationed at airports will be on the look out to arrest those greeting family ans friends with undue lip kissing enthusiasm.

  • jannie.debeer - 2012-04-25 09:31

    You're joking. They can't even police adults having sex with children in the rape capital of the world. The family value system is non-existent. Poligamy is the order of the day, and you want people to stop kissing their children? I agree with the judge. Legislature is hammering the wrong nail.

      Gerhard - 2012-04-25 10:14

      Just another FU by the ANC.

  • Jan - 2012-04-25 09:33

    Yeah, you can expect to do some work when aiming for a high goal. But that bar must be raised high. Or the judge has something to hide maybe?

  • Grant - 2012-04-25 09:33

    Now if they can only make a law for goverment corruption to be a crime.

      asivhanga - 2012-04-25 09:46

      There's a law against corruption, called corruption Act. Act 94 of 1992.

      Jean - 2012-04-25 10:15

      we know there is a law against corruption, too bad corruption has made it a farce...

  • Piet - 2012-04-25 09:43

    Another f-knut ANC act....

  • anthro45 - 2012-04-25 11:45

    So what happened to the law that 13 year olds may get the pill and abortions?

  • Manu - 2012-04-25 11:48

    I am curious, how did this law come about?

  • anthro45 - 2012-04-25 11:50

    What happened to the fact that 13 year old girls may get the pill and abortions? Why not arrest all the girls that fall pregnant just to get a government grant and jack the age up to 18.

  • Nikki Bodenstein - 2012-04-26 23:18

    That's affirmative action for you!

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