'Too young to vote, too young for sex'

04 March 2015 - 02:20 By Aarti J Narsee
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Image: The Times

If parliament decided that children must be 18 to vote, buy alcohol and cigarettes, and get married, then the same age restriction should govern sex between teenagers.

This was one of hundreds of submissions made to parliament’s portfolio committee on justice and correctional services, which is tasked with amending the law governing sexual offences.

As it stands, the Sexual Offences Amendment Bill states that consensual sexual acts with a child between 12 and 15 years old is a crime only when the other party is more than two years older.

It takes into account a 2013 Constitutional Court ruling that it infringed on the rights of children between the ages of 12 and 15  to hold them criminally liable for consensual sexual acts with other children in the same age group. The court ordered parliament to remedy the defects in the law.

The  parliamentary committee has received more than 900 submissions on the matter.

Arguments put forward include that:

  • The age of consent be raised to 18 years;
  • Parents, guardians and teachers should be punished if they permit children under the age of 14 to engage in sex; and
  • Teenage sex is “wrong” and “unhealthy” and should not be allowed under any circumstances;
  • Teenagers should rather be educated to make informed decisions about sexual activity.

Dr Shaheda Omar, of the Teddy Bear Clinic for Abused Children, said criminalising sex between consenting teenagers exposed them unnecessarily to the criminal justice system, sometimes leaving them “disturbed” and “damaged”.

Teens were incorrectly charged with rape in some cases, she said.

Justice Alliance SA said “deterrents” should be put in place.

“Children need and appreciate boundaries. Parliament has not hesitated to impose them in other areas such as alcohol and tobacco,” Jasa spokesman John Smyth said.

He said teachers needed some form of sanction to “control the present pandemic of child penetrative sex with all its grave risks”.

But portfolio committee member Thomas Bongo questioned this: “The role of parents must be educating and guiding … did you check what burden it causes on the state if we take parents to court?”

Errol Naidoo from the Family Policy Institute said sexual experimentation in the 12-15 age group was “taboo” and unhealthy.

Foundation Nation Restoration, whose views are based on the Bible, argued, too,  that  adolescent sex was wrong.

Both organisations called for the age of consent to be raised to 18.

Speaking to The Times yesterday, Steven Swart, a member of the committee, said his party, the ACDP, did not support or encourage any sexual behaviour among teens because it was “morally wrong” and posed risks such as teen pregnancies, contraction of HIV and psychological damage.

In the committee hearings yesterday, Swart said “children must be protected from themselves and other predatory children under the age of 16”. But Christina Nomdo, from Resources Aimed at the Prevention of Child Abuse and Neglect, said “well-meaning adults” could sometimes go too far in trying to protect children.

“We have to recognise that sexuality is a part of our lives. We can’t jump to the conclusion that sexuality always equals sex.”

Nomdo said the responsibility was on society, parents, teachers and state departments to educate children about sex and sexuality.

More submissions will be heard today and next week.

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