Posted by: Justin | 2010-01-12

20 legal questions about sex in South Africa

Could you please let me know which of the sexual activities below are considered legal in South Africa and which are illegal. Also, if illegal, possibly what the charge is and how " serious"  the offence (what kind of punishment one could expect). Some of them are relevant to me, some I have been asked and some are just out of interest. Note that unless otherwise stated, the sexual acts described are between two consenting adults. If anyone wants to just answer one or two questions rather than all 20 of them, simply put the number of the question in front of your answer. I appreciate your responses. -J

1. If I touch, rub or fondle a stranger in public without their consent?
2. If I expose myself to a stranger, or masturbate in a way they can see me?
3. If I fondle my sexual partner in public in an explicit and lewd way without actually exposing either of our genitalia?
4. If I have sex with a partner in a car parked in a quiet, out of the way (but still public) parking lot?
5. And parked in the street or on the side of a national road?
6. And what about driving around town and being naked, exposed or receiving a hand job or blow job from my passenger? (I wouldn' t recommend giving a -|- to a passenger while driving!)
7. Sex in the bushes or sex on the beach? (Does it make a difference the more secluded it is?)
8. Sex inside my own house when others can or might be able to see us?
9. Is it illegal to watch two people having sex in their bedroom if you can find a way to see them from outside?
10. Is it legally acceptable for me to have sex in the garden where the neighbours could see?
11. And sex in the garden with a blanket or tent covering us so that even if the neighbours might know exactly what is going on (or can see us doing the obvious movements under the blanket), they can' t actually see anything explicitly exposed?
12. Blowjobs and anal sex with either a female or male partner... that' s all legal right?
13. If a 28 year old has sex with a very willing 15 year old who wholeheartedly consents to this activity (or initiates it), is it legal or illegal? What is the legal age in this country?
14. Sex in the restroom/toilet on a plane?
15. Receiving a handjob from someone under a discretely placed blanket on a long flight?
16. Sex in a public restroom with the toilet door closed and locked?
17. Is it illegal for me to enter or use the restroom assigned to the other gender? (e.g. for a lady to be in the Men' s or vice versa)
18. An orgy or more than one person involved?
19. When living in a shared accommodation is it legal for me to have sex in front of my house-mate or sex in such a way that she can easily see it (e.g. in the lounge), even though she might be highly offended by it?
20. Is it legal to buy pornography, sex toys etc (e.g. from Adult World). And to make and sell pornography?

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Our expert says:
Expert ImageSexologist

the new child care act and sexual offences act can be obtained from the government website. i would advice you to have a look at it so that you have an idea of what is and isnt illegal.
questions 1: this is illegal and you can be charged for indecent assault.
question 2- 8, 10,11, 14, 15, 16 : if you are seen and the stranger is offended you can be charged for public indecency.
question 9: this is also illegal and if caught you can be charged for invasion of privacy
question 12, 18: it is legal provided your partner/s consents to it.
question 13: the legal age for sexual intercourse is 16years. u could be charged with statutory rape even if your partner consents to intercourse.
question 17: it is illegal and you can be charged for invasion of privacy.
question 19: if your roommate is offended she can lay a charge against you for invasion of rights
question 20: not illegal to buy from a liscenced shop but it is illegal for you to make and sell pornography.

the extent of charges, i cannot comment on. if most or some of these conditions apply to you, you could be be having a paraphilia ie. a disturbance in the object of sexual desire. you could benefit from speaking to a sexologist/psychologist who can give you more information in this regard.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

Our users say:
Posted by: Anonymous | 2016-06-04

How about ypur neighbors having really loud sex where everyone can hear them?

Reply to Anonymous
Posted by: Anonymous | 2014-06-23

What about nudity? Is it legal for parents and kids to be nude together on their own property? If I am in my garden nude and my neighbor sees me and is offended can I be charged?

Reply to Anonymous
Posted by: A man | 2010-01-13

I don' t know where TOP CAT learned to spell, but his spelling is really atrocious.

Reply to A man
Posted by: Justin | 2010-01-12

Thank you for your great responses so far. Now I am getting a better idea of what I am and am not allowed to do. :)

Reply to Justin
Posted by: Top Cat | 2010-01-12

1 illegal it is sexual assolt
2 Illegal it is puplic indecency
3 just comen
4 Not toally legal , puplic indesency( who havend done it)
5 indececy in public
6 public indecency( who havend done it)
7 Public indecency
8 ok, legal
9 it is a crime unless u stand on your lawn and can see them.
10 its legal until they complain, then it is public indecency
11 legal
12 legal
13 illegal it is statetury rape, she must be at least 16
14 illegal public in decency, remember boy george was caught wanking.
15 It is fine until some one complain, then it is public indecency
16 Illegal public indecency
17 Illegal there are by laws who prohibbet it
18 legal if all parties agree
19 Legal but verry arogant and commen
20 It is lagal to bay stuff from a sex shop to make your own porn is also legal, it is illegal to sell it thow

Hope i could help

Reply to Top Cat
Posted by: Wicky | 2010-01-12

Justin I have limited exposure to law and can only answer a few

No 1 is illegal and can constitute rape
No 12 as long as all parties have consented
No 13 is rape even if her parents give permission
No 18 as long as all parties have given concent dont think a problem

Reply to Wicky

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