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Court orders trio to attend Teddy Bear Clinic

THE three pupils involved in the Jules High School sex scandal have been ordered to enter a diversion programme.

Johannesburg magistrate Simon Radasi ordered the three to undergo a diversion programme at the Teddy Bear Clinic for three months.

National Prosecuting Authority spokesperson Mthunzi Mhaga said the matter had been taken off the roll.

"The charges have not been withdrawn. The three will be required to successfully complete the programme. If one defaults for some reason not excusable, a warrant of arrest will be issued because that person will be in contempt of a court order," he said.

Mhaga said the programme, which includes the pupils receiving counselling and drama lessons, would not interfere with their schooling.

"The programme is child-friendly. Their parents will be involved. We have to get a sense of their upbringing and setup in their homes," he said.

The boys will attend their own session on Monday. Mhaga said the girl would start as soon as possible.

Last month, the 15-year-old girl claimed she had been drugged and raped at the school. Rape charges against two boys, aged 14 and 16, were later withdrawn because there was insufficient evidence.

A week later, the National Director of Public Prosecutions, Menzi Simelane, authorised that the three be charged with the contravention of Sexual Offences and Related Matters Act 32 of 2007. The girl and the 14-year-old boy were charged with consensual sexual penetration, while the 16-year-old boy was charged with statutory rape.

Teddy Bear Clinic spokesperson Shaheda Omar said yesterday: "We will give the children psychological education intervention where we will teach them life skills. This may help prevent a relapse and assist in problem-solving skills, among others. The programme will also offer cognitive therapy, where we deal with levels of denials, illogical and irrational behaviour."

Meanwhile, the Teddy Bear Clinic and Resources Aimed at the Prevention of Child Abuse and Neglect (Rapcan) will continue their fight to have the section that criminalises consensual sex between under-aged children declared unconstitutional.

Rapcan executive director Christina Nomdo said the section was an inappropriate response to the problem.

"Children need proper guidance so that they can make better decisions," Nomdo said.

Director of the Centre for Child Law Ann Skelton said: "What is worrying is that the girl was initially a complainant. She later became an accused. I do not think the system was fair. Not all questions around this case have been answered."

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