Posted by: twinkish | 2008/06/02

Legal age

Is it true that the legal age for gay sex is now 16, not 19?

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Our expert says:
Expert ImageGay, lesbian and bisexual expert

Hi Twinkish - definitely true!

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Our users say:
Posted by: Azrael | 2008/06/03

Why thank you Apache_boy! ;) ;) ;)

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Posted by: Apache_boy | 2008/06/03

Hi guys

Yes azareal, thats correct

Reply to Apache_boy
Posted by: Azrael | 2008/06/03

It's true...

And I quote:

"...The act was repealed in December last year with sections of the new act setting uniform age of consent at 16 for homosexual and heterosexual sex acts.

SCA Judge BJ van Heerden said parliament had thus made an unequivocal choice of a uniform age of consent.

"Parliament opted to achieve the legitimate governmental purpose of protecting children in a manner that did not at the same time discriminate against gay persons," he said.

He said the relevant sections of the 1957 act were unconstitutional in that they distinguished between homosexual and heterosexual acts by setting different legal ages of consent to such acts.

Dr Ann Skelton of the Centre for Child Law at the University of Pretoria said the effect of the SCA judgment was limited.

"It does not affect any future cases because the sections struck down are from the old Sexual Offences Act, and they have already been repealed by the act, the relevant sections of which came into operation on December 16, 2007," said Skelton.

She said essentially the court struck down as unconstitutional portions of the old Section 14 and read in new words, so that boys, like girls, could consent to sexual intercourse at the age of 16.

"The effect is retrospective," she said."

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