THE IMPACT OF LEGISLATION ON CHILDHOOD SEXUALITY IN SOUTH AFRICA

Rushiella Songca Rushiella Songca,Michelle Karels Michelle Karels

doi:10.17159/obiter.v37i2.11535

Abstract

The purpose of this submission is two-fold. Firstly, it undertakes a socio-legal analysis of child sexuality and sexual behaviour. The goal of the analysis is to confront, albeit synoptically, common-held misperceptions, both legally and socially, on the subject of childhood sexuality. Secondly, the submission considers how legislation and judicial interpretation has responded to the expression of a child’s sexuality in South Africa. The legal and judicial analysis is centred on the categorization of age, and queries the wisdom of confining normal, non-deviant sexual development in terms of disparate age classifications as expressed in South African Legislation.

Highlights

One of the current issues receiving media and legal attention, in South Africa, is the sexuality and sexual behaviour of children.[1]
In these cases the child will be prosecuted only if he or she can be proved to understand the difference between right and wrong and found capable of acting in accordance with that appreciation. It seems almost naïve of the legislature to protect children under section 15 and 16 of the Sexual Offences Act, and to consider their consent valid if they are between the ages of 12 and 15, but to question their criminal capacity if they are between the ages of 12 and 14 years of age
At present the multiple age categories relating to childhood sexuality and associate practices are creating a situation where a child cannot regulate his or her conduct with any degree of certainty

Summary

SUMMARY

The purpose of this submission is two-fold. It undertakes a socio-legal analysis of child sexuality and sexual behaviour. The goal of the analysis is to confront, albeit synoptically, common-held misperceptions, both legally and socially, on the subject of childhood sexuality. The submission considers how legislation and judicial interpretation has responded to the expression of a child’s sexuality in South Africa. The legal and judicial analysis is centred on the categorization of age, and queries the wisdom of confining normal, non-deviant sexual development in terms of disparate age classifications as expressed in South African Legislation

INTRODUCTION

DEVELOPMENT OF CHILDHOOD SEXUALITY

ADULT UNDERSTANDING OF CHILDHOOD

IN CHILDREN

CONCLUSION