By Lisa Vetten
Is a law that is disregarded better than no law at all? This is the question raised by the terrible incident at Jules High School, the law under scrutiny being the 2007 Sexual Offences Act.
It is in power of parents to change this situation To begin with, Section 54 of the act obliges any person who has knowledge that a sexual offence has been committed against a child to report this offence to the police immediately. The school did not do so. Instead, it would seem that the school’s receptionist showed the cellphone video clip to the victim’s sister and advised her to report the matter to the police.
At least two of three possible sexual offences against a child took place that the school ought to have reported. The first and obvious offence was rape. Alternatively, even if the sex was consensual, it is unlawful for children under the age of 16 to engage in sex.
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.