30-YEAR-OLD MAN ARRESTED FOR STATUTORY RAPE
Police in Bethal arrested a 30-year-old man for statutory rape after he had a sexual activity with a 14-year-old girl. The arrest came after the family member went through the girl’s phone and found the conversation between her and the man.
The family member, who is the uncle to the victim then had a talk with the girl and the girl confessed that she is having an affair with the man. She said that the man sent her a message after he saw her pictures on social media later in 2020.
The uncle further went through the conversation and found a text from the man asking the girl about the next date to have sexual contact. He(Uncle) asked the girl about the relationship with the man and she said they’ve been dating since 2020 and had sexual intercourse while she was 13(Thirteen) years to recent.
Constable Thomas Mogadime, the communications and social crime prevention officer at Bethal Police Station outlined statutory rape as a crime that involves sexual contact with a person who is under an age specified by law, commonly referred to as the “age of consent.”
The legal term for the crime varies from state to state and includes sexual intercourse with a minor, sexual assault of a child, criminal sexual penetration of a minor or a child under a certain age, and sexual abuse of a minor.
Under statutory rape laws, a person who has sex with a person under a certain age known as “the age of consent” risks criminal charges and a jail or prison sentence, even if the younger person is a willing partner and neither partner is an adult.
Statutory rape laws are meant to protect children and teenagers from predatory adults. The crime of statutory rape has been controversial because, historically, it has been applied primarily or exclusively to relationships where the female is underage. In addition, strict statutory rape laws did and do not take into account relationships between young people who are close in age but where one (or both) persons is under the age of consent.
SAPS Bethal’s contact details can be found HERE
For example, if the age of consent in a state is 17, a boy who is 17 or 18 can be charged with statutory rape for having sexual contact or intercourse with his 16-year-old girlfriend. If the age of consent in a state is 16 and a boy turns 16 on August 15 but his girlfriend turns 16 on August 30, the boy can be charged with statutory rape if he and his girlfriend begin having sex between August 1 and August 30 because the young woman is not yet 16. Similarly, two young people under the age of consent can each be charged with statutory rape for having sex with one another if state law has no exceptions for sex or sexual contact between two young people.
Constable Mogadime encourages teenagers to focus on their studies and refrain from things that will destroy their future. And He further warns the older men that having an affair or sexual act with a teenager can lead to them being arrested for statutory rape and could face a prison sentence. “Teenage girls are not women, statutory rape must end!” concluded Constable Mogadime.
The following description on Statutory rape comes from Choma
What is Statutory Rape?
Statutory rape can often be a confusing term chomas, and maybe it’s because it isn’t spoken about often. Do you know what the age of consent is? In other words, do you know at what age someone younger is legally allowed to have sex with another person?
For a long time in South Africa the legal age of consent has been 16 years old. Recently things have changed a bit where the law was revised for teenagers. As of this year, the legal age of consent between teenagers is 12. Remember that this ONLY applies to relationships between young teenagers.
Here’s an example of how it works:
A person aged 12 can consent to sex with someone who is 14 years old, but not someone who is 16 and older. So if two minors (over the age of 12 and under the age of 16) consent to sex, then in the eyes of the law this would not be considered statutory rape.
The official age of consent, however, is still 16. This means that adults (in South Africa, an adult is someone over the age of 18) cannot have sex with minors (12, 13, 14 and 15).
Statutory rape then is a form of rape that occurs when someone older than 16 has a sexual relationship with a minor. A teenager below the age of 16 having sex with someone who is below the age of 12 can also be charged with statutory rape.
What can I do if I’m younger than 16 and in a relationship with an older person?
Remember that that person you’re dating can be charged for statutory rape and face time in jail. If you’re in the relationship like this and either feel like you’re forced into it or feel like you don’t know how to get out, then you should speak to someone you trust, preferably an adult. You should also contact an authority figure who can help you out of the situation.
You can call these numbers for help and counselling:
Lifeline – 0861 322 322 Childline – 08000 55 555
Teddy Bear Clinic – 011 484 4554 SAPS (South African Police Services) – 012 393 1000
SAPS Family Violence, Child Protection and Sexual Offences – 012 393 2014
If you need more information chomas or if you need to talk, remember that you can Ask Choma.