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It is also illegal to watch pornography where the participant is under the age of 18, whether you are an adult or not.Some see this as a strange regulation given the fact that sexual acts for 16-year-olds and above are permitted and ages 12 to 16 are permitted between those of the same age, if they perform the act in person.However this portion of the law has been amended by a controversial court ruling in the Pretoria High Court on the 15th of January 2013.Judge Pierre Rabie ruled that two sections of the Sexual Offences Act, which criminalises consensual sexual activity between children age 12 and 16, invalid and deemed them to be inconsistent with the South African constitution.It raises the question which one of the two is worse, the pornography or the sexual act?Incest: “Family members engaging in sex with each other”. Section 13 of the Sexual Offences Act also prohibits sexual acts between humans and animals (‘bestiality’), regardless of age.
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This creates a problem where the parents of a child between 16 and 18 do not consent to their child having sex.
It may in some cases be considered as ‘statutory rape’: If the parents are willing to go through the criminal procedure by opening a case and if the court can determine that the child did not possess the mental capacity to be considered “emancipated” or of a mental state to make decisions like an 18-year-old adult.
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