Madam Chairperson, Deputy Minister, South Africa reportedly has the highest rate of sexual offences in the world, with most rapes going unreported. The ACDP therefore welcomes and supports most of the provisions of this Bill.
There are numerous improvements as pointed out by previous speakers, which I will not repeat but which we support. However, we, together with thousands of people, churches and organisations who made similar submissions, believe that the age of consent for sexual acts should have been lifted from 16 to 18 years.
What is commonly referred to as statutory rape is a significant legal protection for vulnerable children. In most rape cases, adult predators claim that the victims consented. The victims then have to disprove consent, resulting in the secondary trauma of cross-examination in lengthy trials.
In increasing the age from 16 to 18 years, this legal protection would be extended to a broader and very vulnerable category of children who, in the event of a sexual offence, would merely have to prove that the sexual act took place to obtain a conviction. There would be no issue regarding consent.
Minors may also not enter binding contracts without parental guidance. They can only vote at the age of 18 years, and obtain drivers licenses, purchase alcohol and get married at that age. It is significant that the Tobacco Products Control Amendment Act seeks to lift the age of purchasing cigarettes from 16 to 18 years.
It must be inferred from this amendment that it is agreed that 16-year-old teenagers are less able to decide on the long-term health implications of smoking than 18-year-olds. Surely, the same argument should apply and is even more persuasive for sexual intercourse, which can result in a death sentence through HIV/Aids.
Whilst disappointed that our proposal was not accepted, we do understand counterarguments relating to the rationality test and that the whole issue of statutory rape charges could be at risk. I may agree that that risk should not be taken at that stage. We are encouraged that the portfolio committee resolved to look into this issue and that further research should be done on this issue.
In conclusion, our thanks to the Minister, Deputy Minister, Chairperson and the legal drafters for their hard work on this very important piece of legislation. Well done!
We wish to state that the ACDP will support this Bill subject to the reservations expressed. And a word of particular thanks to the Deputy Minister for considering this issue of age. I know it gave you some sleepless nights. But thank you for your kind consideration. I thank you.