oa Article 40 - Criminalising consensual sexual activities of adolescents in South Africa

Volume 16, Issue 1
  • ISSN : 1562-4382



RAPCAN - Resources Aimed at the Prevention of Child Abuse and Neglect - has been committed, for over two decades, to ensuring that the protection (nurturance) and participation (autonomy) rights of children are realised. Since 2010, the organisation became involved in the court case that challenged the constitutionality of certain sections of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 ('Sexual Offences Act'). RAPCAN believes these sections of the Sexual Offences Act were aimed at limiting children's sexual autonomy rights by intervening in the private details of their consensual sexual relations with peers. Criminalisation of these acts also undermined children's right to dignity.

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