The legal framework
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 sets 16, with a close-in-age defence where both are between 12 and 16 and less than two years apart. 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
| Age of consent | 16 |
|---|---|
| Definition | Set out in dedicated sexual offences legislation |
| Marital rape | Criminalised in some of these jurisdictions and not in others — check the national position |
| 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
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- Go to a Thuthuzela Care Centre: medical care, statement and counselling happen together.
- Ask about post-exposure prophylaxis within 72 hours.
Recent changes
The regional trend is towards one-stop centres, which have measurably improved both survivor experience and evidence quality compared with separate police and hospital processes.
Where to go
- One-stop centres and gender-based violence recovery units in public hospitals.
- Police units specialising in sexual and gender-based violence.
- National helplines and women's rights organisations providing legal accompaniment.
Worth knowing
Go to a hospital first, ideally within 72 hours: that window covers both HIV prophylaxis and forensic evidence. Reporting to the police can follow afterwards. Thuthuzela Care Centres have dedicated prosecutors and substantially higher conviction rates than ordinary reporting routes. Ask for the nearest one.
Official sources and links
- gov.za — official government portal
- South African Human Rights Commission — constitutional rights body