Introduction

Statutory rape is defined as having a sexual relationship with an individual who is younger than 18. A person aged 18 years old or above, who has or had sexual intercourse with a minor aged 17 years and under, whether the sex was consenting or not, will be held accountable and, it will be considered a crime or felony. Furthermore, even in cases where the minor fabricates their age, it makes no difference whether the adult knew the victim was younger than the age of consent. They will be subject to charges without exception. 

South African law 

In South Africa, the statutory rape law is governed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007. The law sets the age of consent at 16, meaning that any sexual activity with a person under the age of 16 is considered statutory rape, regardless of consent. The law also provides for a “close-in-age” defence, which allows for a defence in cases where the accused is less than two years older than the complainant, and the complainant is older than 12. Additionally, the law recognizes that children under the age of 12 are incapable of consenting to sexual activity, and any sexual activity with a child under 12 is considered rape.

Factors to Stop and Prevent Statutory Rape

One of the instrumental measures to stop statutory rape from occurring is “ensuring that young women and girls fully recognise their human rights”, asserts the institute’s CEO Phinah Kodisang. She says caregivers, professionals, and the government need to be aware of the duty they have to safeguard children. A combination of support, awareness, and education is necessary to prevent statutory rape. Create lessons on healthy relationships, consent, and setting boundaries that are suitable for children of all ages both in school curriculum and community activities. Additionally, youngsters should be encouraged to speak out when they feel uncomfortable and to make sure they have people who will support them when they do. Give survivors and offenders access to resources, reporting channels, and counselling. Promote a culture that values and prioritizes consent and respect, and hold offenders accountable for their actions. 

Organizations to Help Victims

There are several organizations that a victim of statutory rape can contact, this includes Rape Crisis, Teddy Bear Foundation, TEARS Foundation, Marie-Stopes Foundation, and many others. They help in various ways such as offering free phone helplines for immediate support, rape crisis centres offering counselling and legal assistance, support groups for specific communities (LGBTI, migrants, people of colour, etc.), etc. There are national networks like the National Sexual Violence Resource Centre (NSVRC) that provide directories of local resources and services to survivors. 

Conclusion

The primary purpose of the regulation was to shield young girls and boys from engaging in sexual activity or being sexually assaulted by older men or women. For specific queries or concerns about South Africa’s statutory rape laws, it’s advisable to consult a legal expert or reliable resources such as SAPS or the National Prosecuting Authority.