Statutory rape refers to sexual activity involving someone who is below the legal age of consent, even if the younger person appears to agree. The law recognises that children and younger teenagers may not fully understand the consequences of sexual activity and therefore cannot legally give consent in certain situations.
In South Africa, a person can legally consent to sex from the age of 16. A child under 12 cannot legally consent under any circumstances. Sexual activity involving a child under 12 is always considered rape under the law.
Sexual activity between children aged 12 to 15 is regulated by specific legal protections under the Criminal Law (Sexual Offences and Related Matters) Amendment Act. The law aims to protect young people from exploitation, especially where there is a significant age difference or power imbalance.
Example: If a 19-year-old has sexual intercourse with a 14-year-old, even if the 14-year-old says they agreed, it may be considered statutory rape because the younger person is below the age of legal consent.