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19-Dec-2014 15:59

South Africa has a somewhat complex regulation when it comes to the legal age of consent for sex or any related sexual act.Generally the legal age of consent is considered to be age 16 and above for all genders and sexual orientations, but certain exceptions apply, including that of sex with someone with a mental disability and other factors.In South Africa the law considers a sexual act to be anything that can cause sexual stimulation or arousal.A general guide line would be – ‘Consensual sex’ refers to where both parties agree to sex or a sexual act, and conform to all other legal requirements as per legislation.South Africa also has a complex definition for what is considered a ‘sexual act’, and it is important that all persons are well aware of what is considered sex as per definition of the law.

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For example a 17-year-old will be able to have consensual sex with a 15-year-old.It is illegal to have sex with a child under the age of 12, and for a child under the age of 12 to have sex with any person (regardless of age), even if the sex is consensual between the two persons.The Act governing the age of consent, and other related sexual matters and offences in South Africa are the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007, as amended.In South Africa a person is considered to be a child, when he or she is under the age of 18, however the Sexual Offences Act does allow consensual sex for persons 16 and older.

The sex act must also be consensual between both parties.

Persons also need to be weary of the age of becoming an adult (age 18 in South Africa), where the parents of a child still has authority about what he or she may consent to whilst under age 18.