This cannot be said enough - sex with a minor is rape

31 January 2018 - 13:00
By Sowetan LIVE
Rape: 123RF Stock Image/ lculig
Rape: 123RF Stock Image/ lculig

The Reiger Park High School alleged sex scandal which unfolded this week shines a light once more on Statutory rape and the age of consent in South Africa.  

The principal in the center of the scandal resigned from his position on January 15 after  videos and pictures of himself with a learner‚ teachers and other school employees in compromising positions were leaked on social media.

In the graphic video, the girls could be seen performing oral sex on a man alleged to be the principal while another one shows a man plunging his fingers into the private parts of a girl in full school uniform.

Gauteng department of education spokesman Steve Mabona said the victims are minors aged between 15 and 17.

READ: The South African Council of Educators professional code of conduct

According to ageofconsent.net the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity in South Africa is 16.

Individuals aged 15 or younger are not legally able to consent to sexual activity.

South African statutory rape law is violated when an individual has consensual sexual contact with a person under age 16.

Regardless of whether the minor has consented to sexual contact with an adult, he or she can still be charged with statutory rape and automatically prosecuted.

Charges will sometimes be laid against the offender by a concerned adult who is worried that the minor may have been coerced, manipulated into having sex, or not willing and able to press charges.

Other definitions of rape compiled by BooksLIVE :

What is acquaintance rape?

This is sex or sexual activity forced on you, and most often planned before hand, by a person who knows you. This person could be your date, your friend, a close family friend, or even your flesh and blood – a person in your immediate or extended family such as your grandfather, uncle or your father – whom you trusted to never take advantage of you. Employer / employee, doctor / patient, teacher / student, father / daughter, whatever the relationship, if someone you know has sex with you against your will, it’s rape.

What is date rape?

This is a form of acquaintance rape. A man who asks you out may not plan to rape you, but if he does plan to have sex with you, he may carry out this plan against your will, which is date rape. He may drug you with date-rape drugs like rohypnol or ketamine, or ply you with alcohol, to make it easier for him to get what he wants. A date is an opportunity for two people to get to know each other and you are in no way obliged to have sex with a man or boy because he expects it, or wrongly believes he deserves sex after he’s “shown you a good time” and bought you a gift, drinks or dinner.

What is stranger rape?

It’s when you are raped or sexually violated by someone you don’t know. The most dangerous kind of rapist is the predator who preys on women and vulnerable children at random. He may resort to extreme violence or torture to exert his power over you. When you are attacked and raped by someone you don’t know, the rape is primarily an act to control, humiliate and degrade you.

What is gang rape?

If you are raped by two or more people, this is gang rape. Sometimes referred to as “jackrolling”, gang rape is described by researchers as a youth phenomenon, stemming from a history of class and race structures, and unemployment, of the 1980’s. Gang rape is still linked to a chauvinistic and distorted view that the man is more important than the woman, and that man is the “boss”.

Now, especially prevalent in youth culture, young males may gang rape to bond, to prove their masculinity in front of other men, and to reassert their power as “tough gangsters”. If you are gang raped in your home your husband, boyfriend or partner may be forced to watch.

National Policy Guidelines for Victims of Sexual Offences