Report on the dialogue around consensual sex and underage children

In partnership with the Commission for Gender Equality (CGE), the Shukumisa Campaign held a consultative dialogue on 23 November to discuss how best to deal with the criminalization of consensual sex between underage children. The dialogue was prompted by concerns around how parts of sections 15 and 16 of the Sexual Offences Act of 2007  are implemented.  

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Women in Parliament: What does that really mean?

This is a summary of a dialogue hosted on 14 September 2011 by Tshwaranang Legal Advocacy Centre about women in parliament and their role in promoting gender equality. Various insights were shared about the realities of being a female Member of Parliament (MP), gender quotas for political parties, the state of South Africa’s National Gender Machinery (NGM) and civil society’s role in promoting women’s access to parliament.  

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Prosecution Of Teenagers In Limpopo For Underage Sex

We are deeply disturbed to hear that the National Director of Public Prosecution, Adv Menzi Simelane, has given authorisation for the prosecution of teenagers in Limpopo for offences committed in terms of the Sexual Offences and Related Matters Act 32 of 2007.

We point out that the media is again singling out the girl children, who in this case, are pregnant. The NPA has further refused to provide any information on whether the children are legally represented. If the children are not legally represented, then the matter is even more concerning and we urge the NPA to advise the children of their right to legal representation.

Adv Simelane is fully aware that there is a constitutional challenge instituted by Teddy Bear Clinic for Abused Children and Rapcan pending against sections 15 and 16 of the Act. In their court papers the NPA and the Department of Justice and Constitutional stated that they would almost never prosecute these offences. The conduct of the NPA in charging these children directly contradicts the assertions made by the NPA and Justice in their sworn affidavits before court.

We earlier wrote to Adv Simelane demanding that the NPA immediately withdraw authorisation for the prosecution of the children pending the outcome of the constitutional challenge. We are awaiting his answer in this regard.

Contact:
Ann Skelton
Carina du Toit
CENTRE FOR CHILD LAW
012 420 4502

Christina Nomdo
RAPCAN
083776 7067

Lizette Schoombie
TEDDY BEAR CLINIC
0828751175

Related articles on our site: Teenage Pregnancy: Challenging an Unjust Law

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Teenage Pregnancy: Challenging an Unjust Law

On Children’s Day don’t forget that teenage girls are children too

Teenage girls are in the public spotlight where they stand accused of deliberately falling pregnant to abuse the child support grant system. There is no solid evidence to support this claim, which only stereotypes girls and hides the link between sexual violence and teenage pregnancy.  

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Who To Blame

By Sarah Haken

Sarah Haken of Tshwaranang Legal Advocacy Centre

The rape of a young 15 year old girl at Jules High two weeks ago has South Africa in uproar. But was it rape? She has now indicated that it was consensual and the NPA have decided to prosecute all three of these children with statutory rape as being below the age of consent none of them are supposed to have consented in the first place.

These three children now will be pushed through the system, be ostracised, have no semblance of life as they knew it anymore. All because they engaged in sexual activity below the age of consent.  

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  • The Shukumisa Campaign

    About Us

    Welcome to the Shukumisa website, an online resource for

    • rape survivors and their families
    • concerned citizens
    • community activists

    The word Shukumisa means to shake or stir things up

    The Shukumisa Campaign was created in 2008 and aims to stir and shake up public and political will to develop and implement policies related to sexual offences

    Imagine a South Africa where:

    • Everyone treats rape as a serious crime
    • Quality Health, Policing and Legal services are available to all rape survivors, everywhere
    • All women are free to move around as they please, dressed as they please
    • Rape victims aren’t stereotyped in our media
    • We are all included in the development of laws that affect our lives and our communities.

    You can join us by:

    • Adding your voice to our Facebook discussions
    • Supporting our activities, or suggesting them
    • Writing to the media and Government to complain when the law fails rape survivors
    • Getting involved with organisations linked to the Shukumisa Campaign

  • Supported by

    This project is funded by the European Union The European Commission is the EU’s executive body.

    The European Union is made up of 27 Member States who have decided to gradually link together their know-how, resources and destinies. Together, during a period of enlargement of 50 years, they have built a zone of stability, democracy and sustainable development whilst maintaining cultural diversity, tolerance and individual freedoms. The European Union is committed to sharing its achievements and its values with countries and peoples beyond its borders

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