This article popped up last week on iol, which explains why it has taken so long for us to find out about it. Wowsers, can you believe that it is now legal for children aged between 12 and 16 to engage in consensual sexual activities with each other? Seriously. Read on.

This is what the great orange beast, iol had to say:

Pretoria – It is no longer a criminal offence for children aged between 12 and 16 to engage in consensual sexual activities with each other, the Pretoria High Court ruled on Tuesday.

Judge Pierre Rabie’s ruling follows an application last April by the Teddy Bear Clinic for Abused Children, supported by the Centre for Child Law, challenging certain provisions of the Sexual Offences Act.

The two organisations argued the Act often resulted in many underage pregnant girls not wanting to have abortions at clinics, as this would lead to criminal charges against them and their partners.

They requested the court to declare certain provisions unconstitutional as they infringed on a child’s right to dignity and privacy.

The application was opposed by the justice minister and the National Director of Public Prosecutions.

While the judge’s ruling was described as a “victory for the rights of children” by the applicant and Teddy Bear Clinic director Shaheda Omar, the Department of Justice and Constitutional Development said it would impact on the escalating rate of sexual violence among children under the age of 16.

In his ruling, Judge Rabie declared the two sections of the Sexual Offences Act, which criminalise consensual sexual activity between children under the age of 16 years and above 12 years, invalid and deemed them to be inconsistent with the constitution.

The Sexual Offences Act states that all consensual sexual acts between children of that age, even kissing and not only penetration, are criminal offences. This meant that both consensual parties faced the possibility of being criminally prosecuted in terms of the act.

The act also stated that any person, be it parents, teachers or others, who were aware of consensual sexual activities between children had to report the children to the police, or face possible prosecution themselves.

During the trial last year, Judge Rabie voiced his own concerns about the legislation.

[more here]

Wow.

Wow.

Wow.