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A Constitutional Court ruling on Thursday has been hailed a victory for the constitutional rights of children, especially girls.
The Constitutional Court today confirmed the unconstitutionality of sections 15 and 16 of the Sexual Offences Act, to the extent that these sections criminalise consensual sexual activity between teenagers.
From the date of the judgment, Parliament will have 18 months to redraft the sections, so that teenagers can no longer be prosecuted for consensual sexual activity.
Legal experts says during that time, there will be a moratorium on all investigations into, arrests of, prosecutions of, and criminal proceedings against children under the age of 16 years in relation to sections 15 and 16 of the Act, pending Parliament's correction.
Before the judgment, sections 15 and 16 of the Sexual Offences Act made it a crime for children between the ages of 12 and 15 to engage in any and all conduct of a consensual, sexual nature.
This, including holding hands, cuddling, kissing, and other behaviours many deem part of a normal adolescent sexual development.
The sections infringed on the rights of adolescents, aged between 12 and 16, to dignity and privacy, and further violated the
best interest principle contained in section 28 (2) of the Constitution.
