Consent and age of consent
Sixteen is the age of consent under the 2007 sexual offences Act, as adjusted for adolescents by the 2015 amendment.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 sets 16; since the 2015 amendment (after the Teddy Bear Clinic judgment of 2013), consensual acts between two adolescents aged 12 to 15 are not an offence, and a close-in-age defence applies where one of them is 16 or 17 and the age gap is no more than two years. The definition of rape is gender-neutral and covers all forms of penetration, and marital rape has been criminal since 1993. Thuthuzela Care Centres — one-stop facilities in hospitals combining medical care, forensic examination, counselling and police statements — are the recommended first stop.
Key points
| Definition | Set out in dedicated sexual offences legislation |
|---|---|
| Marital rape | A crime since 1993 (Prevention of Family Violence Act, section 5); a marital relationship is no defence under section 56(1) of the Sexual Offences Act 2007 |
| Medical care | Post-exposure prophylaxis for HIV must begin within 72 hours |
| Forensic evidence | Best collected within 72 hours, before washing or changing clothes if possible |
| Support | One-stop centres combine medical, police and counselling services |
| Sexual Offences Act 2007 | Broad, gender-neutral definitions covering all forms of penetration |
| Thuthuzela Care Centres | One-stop centres attached to hospitals, with dedicated prosecutors |
| No limitation | Sexual offences may be prosecuted at any time |
| National register | Of sex offenders, restricting work with children |
In practice
- Go to a Thuthuzela Care Centre: medical care, statement and counselling happen together.
- Ask about post-exposure prophylaxis within 72 hours.
Worth knowing
Thuthuzela Care Centres have dedicated prosecutors and substantially higher conviction rates than ordinary reporting routes. Ask for the nearest one.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Domestic Violence Act 1998, amended in 2021, now covers coercive control, online abuse and dating relationships.
Protection rests on the Domestic Violence Act 1998, substantially amended in 2021 to cover coercive control, online abuse and dating relationships, and to create duties for health and social workers to report. Protection orders are obtained from magistrates' courts, which sit as designated domestic violence courts in many districts.
Key points
| Protection order | Available from the magistrates' court, usually without a lawyer |
|---|---|
| Definition of abuse | Includes psychological and economic abuse in the more recent statutes |
| Emergency response | Police units specialising in gender-based violence exist in most districts |
| Medical evidence | A medical report is the key document; obtain it as early as possible |
| Shelters | Limited in number and mostly NGO-run |
| Children | Can be included in a protection order |
| Domestic Violence Act 1998 | Amended in 2021 to include online abuse and broaden the definition |
| Free application | Protection orders are applied for at a magistrate's court at no cost |
| Warrant of arrest | Issued with the order and held until a breach occurs |
| Duty to report | Certain professionals must report suspected domestic violence |
In practice
- Apply at the nearest magistrate's court: no lawyer, no fee, and the court assists with the forms.
- Keep the warrant of arrest with the order; it is what makes enforcement immediate.
Where to go
- GBV Command Centre 0800 428 428, free and 24/7, with a 'please call me' service.
- Thuthuzela Care Centres for sexual violence.
- Magistrates' courts for protection orders, which can be applied for without a lawyer.
Worth knowing
The warrant of arrest issued with a protection order is suspended until a breach. If the order is breached, take the warrant to the police — they can act at once.
The general article: Domestic violence · Compare with another country
Female genital mutilation
The Children's Act nonetheless prohibits it expressly, alongside virginity testing of children under sixteen and forced marriage, and provides for criminal penalties. The question arises mainly within migrant communities from countries where the practice exists.
The practice is not traditional in South Africa, but the Children's Act prohibits it expressly — a deliberate legislative choice rather than reliance on assault provisions. The Act also prohibits virginity testing of girls under sixteen and regulates male initiation, which places the rule within a broader framework on harmful practices rather than treating it as an isolated foreign issue.
Key points
| Children's Act | Expressly prohibits genital mutilation of a child |
|---|---|
| Related prohibitions | Virginity testing under sixteen and forced marriage are also prohibited |
| Prevalence | Not a traditional practice; concerns arise within migrant communities |
| Reporting | Mandatory reporting duties apply to a wide range of professionals |
| Care | Available through public health facilities |
| Asylum | Risk of FGM is recognised as a ground for refugee protection |
In practice
- Report any concern about a child to a social worker, the police or a designated child protection organisation.
- Public clinics can provide examination and referral.
- Refugee and migrant support organisations provide culturally appropriate assistance.
- Asylum claims based on FGM risk are recognised: legal aid organisations can assist.
Where to go
- Designated child protection organisations and social workers.
- Public health facilities.
- Refugee and migrant legal support organisations.
Worth knowing
The Children's Act names the practice explicitly, which makes it easier to act on than in countries relying only on general assault provisions.
Frequently asked questions
What does the Children's Act say?
It prohibits genital mutilation or circumcision of female children outright, and makes clear that no one may consent on the child's behalf. It sits alongside provisions on virginity testing and on male initiation, all framed as protection from harmful social and cultural practices.
Where do you report a concern?
To a social worker at the Department of Social Development, to the police, or to the Childline helpline. Teachers, nurses and doctors have reporting obligations under the Children's Act when they suspect abuse of a child.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Where the offence occurred, South Africa has jurisdiction, as does any country the offender belongs to through nationality or residence.
South African sexual offences legislation provides for extraterritorial jurisdiction and maintains a register of sexual offenders against children.
The general article: Sexual offences committed abroad · Compare with another country
General sources
- gov.za — official government portal
- South African Human Rights Commission — constitutional rights body