A little too often there is media reports on statutory rape, most commonly it’s reports on adult male teachers engaging in sexual relationships with their learners. Alternatively, social media brands it as the “ama200’s” with their “blessers”. This behavior is however not limited to men being the perpetrators, even females make themselves guilty of such conduct by engaging minor boys, which ultimately gets branded as a “Ben 10”. In this article the aim is to explain the concept of statutory rape, and to hopefully deter society from engaging in such practices.

 Statutory rape is defined in sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, as the act of consensual sexual penetration or violation of a child that is between the ages of 12 and 16; alternatively, if the child is between the ages of 16 and 17 and the age difference between the child and the perpetrator is more than two years. In other words, an adult person will be guilty of statutory rape if he or she has sexual relations with a child, irrespective of such minor’s consent.

A 12-year-old child can lawfully consent to having sexual relations with another child that is between the ages of 12 and 16 only. Similarly, a 16-year-old may consent to having sexual relationships with a person that is between the ages of 16 and 18. 

Any person who finds themselves guilty of contravention of sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, can be criminally charged and sentenced in a court of law. If they are found guilty, they can be sentenced for up to a life imprisonment for statutory rape.

If you are unsure of the age of the person whom you want to engage in sexual relations with, you are advised to request proof! Whether by way of an identification document or verification by the person’s parents. Do not be part of the statistics, it is not worth your life.

Contact our offices today for assistance with any matters relating to statutory rape and the like.