The ethical dilemmas of doing research with 12-14 year-old school girls in KwaZulu-Natal

Abstract

abstractThis Focus highlights the ethical dilemmas, difficulty and complexity experienced in doing research with girls on gender and sexuality in an age group that is often avoided and neglected in the study of sexualities in South Africa. Drawing from an ethnographic study which investigates primary school girls' construction of gender and sexuality, I present a brief report on the fieldwork, reflecting on the process of researching girls and sexuality and the limitations placed on researchers as a result of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007 (SOA) which required services providers and researchers take on the role of sexual surveillance and report consensual sexual activities. I relate the ethical dilemmas this created as well the harmfulness of the law in turning legitimate sexual behaviour into a crime, in direct contradiction with children's rights to privacy and autonomy in making decisions in their exercise of sexual and reproductive rights. As the sections of the SOA (Section 15 and 16) in question have been subsequently declared unconstitutional, consensual sexual activity/sex is no longer a crime for youth between 12-16 years provided that the age difference between the consenting youth is no more than two years. I consider the implications of the amended law as its requirement of disclosure of consensual sex between youth of 12-16 fall away. It is argued that the requirement compromises the spirit of open research enquiry and the research relationship premised on the ethics of confidentiality.