Kinders betrokke by instemmende seksuele handelinge

Abstract

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached.