2.4 Clause 17 of the Bill, similar to clause 11, criminalises the soliciting of a person under 18 years for sexual purposes, in other words, sexual exploitation of a child. A person who solicits the sexual services of a child under 12 years and in fact has sex with the child, can be prosecuted for the crime of soliciting as well as for rape, since a child under 12 years can never consent to sex. In similar vein, a person who solicits the sexual services of a child between 12 years and 16 years and in fact commits a sexual act with the child, can be prosecuted for the crime of soliciting as well as for statutory rape, since no person may have sex with a child under 16 years, even with the consent of the child. The Committee, however, expressed concern that a person who solicits the sexual services of a child between 16 years and 18 years, even with the consent of the child, can only be prosecuted for the crime of soliciting. The extra protection that children under 16 years enjoy in this regard, namely that the perpetrator (the "client") can be prosecuted for two offences, is not available to children between 16 and 18 years who are exploited for sexual purposes. The Committee, understanding that the Commission is investigating various aspects of adult prostitution, requests the Commission, in its investigation, to take cognisance of this legal position when making its final recommendations, nothwithstanding the fact that the Commission's investigation only deals with adult prostitution, that is persons who are 18 years and older.