The new law, passed two weeks ago under the Sexual Offences Act, banning teenagers under the age of 16 from kissing, touching or rubbing up against eachother has caused a huge stir amongst teenagers around the world.
There have already been reports of teenagers being fined for being caught kissing in public. Both the Cape Argus and IOL have written reports on these matters and it’s really interesting to look a little deeper into the matter and see the out cry from our youth.
With the power of social networking, teenagers from around the world are standing together against the new law. Facebook groups have been created, some of which have thousands of members already, actively posting pictures of themselves kissing.
“It has been reported that the SAPS legal services in the province were still preparing guidelines for police with regard to its enforcement. ” – Argus 28th December (Full article here, unfortunately, Argus subscribers only).
The question we have to ask ourselves is whether the enforcement of this law is actually a wise idea or will it stir up the youth to rebel even more?
Here are some other references:
- IOL – Angry SA teens plan mass kissing protest
- Teenagers kissing: The new sex crime
- Teens in a twist over no under 16 kissing
I’m not completely sure where I, personally, stand on this matter. I can totally respect the ban on children under the age of 16 being able to perform sexual intercourse, as we all know what intercourse can lead to, especially when immature/naive children are involved. But sexual intercourse is one thing, kissing is another.
I guess we can pull a parallel between the discussion of whether the use of marijuana leaves to harder drugs, as would kissing lead towards sexual intercourse. It’s a tough subject. I have read that a large number of kids are saying they are upset because they cannot show intimacy or passion towards someone else, but what I asked myself was whether someone under the age of 16 really knew what intimacy was?
If is was pushed to answer the question – Do you think the new law is necessary, my forced answer would be ‘No.’
What a stupid rule…
also, impossible to enforce might I add.
Ye, making the rule is one thing, but putting it into action is going to be a whole other story! Guess we’ll have to wait and see what happens, glad I’m not that young anymore though ;)
i think this is bullshit, i have a bf and i love him…this law is against our human rights…we should be allowed to express our feelings…its our life and our choice!!!
Hi christina, I must say that I’m not totally pro the law myself. I do see the reasoning behind it, but all in all I think it’s a bit of an over kill.
I have spoken to a number of people and it appears that the law rotates more around the kissing in public, so you could still kiss your boyfriend in private and show your love towards him.
Public affection happens, but a mature couple would not be seen groping and sensually kissing in public in my opinion, it’s something you save for home. If you think about it, it’s not about what anyone else thinks, so there’s no need to prove your love for someone. But yes, there are moments when it happens, so you will just have to be careful I guess :)
All the best with your boyfriend!
yeah this is the dumbest thing ever ! . i mean maybe not ever . but there is so NO need for it . like its not going to help anything at all . when you say we can’t drink people still do it . what makes you think that if you say we can’t kiss people will listen . yeah they wont. you people are a bunch or dumbass’s : ) Thanks a bunch . for being idiots
I’m not 100% against the law or anything, but this one I don’t think is a wise idea. I think it will do more damage than good..
Being a 16 year old myself, I know that I am full well aware of what kissing can lead to, but its not like all 16 year olds are ravenous sex freaks. Sure, there are those kids that think they are a total ‘pimp,’ and that they get with all the chicks, and if the higher-ups based their decision on those people, I don’t blame them for passing the new law, but when you take into consideration the other 80% of 16 year old kids that act as old as they are and have some real common sense, you are taking away something that was never a problem in the first place. Democratic societies are based on what the people think, not on what the strict rule-crazy parents believe. Maybe they should have considered talking to us before they rip something of ours away.
I believe that this law is totally absurd… Being a 16 year old girl, i know what my risks are. i know what kissing leads to. this is why young persons take courses and are educated on sexual intercourse and diseases. The people who dont pay attention, are not aware and they dont think it will happen to them, like getting pregnant or getting a internal disease, it is their fault and bringing this new law is not going to help anything, it might even make things worse…
Take it into consideration of the mind of a young teen… if you take this away, it might take away of what u call young love… some people don’t believe someone this age can love somebody, but its true… I am one of them.. -keep this in mind- I have been in only 2 LONG TERM RELATIONSHIPS since i was almost 14 years old. the first lasted for 2 years(i was 15ish when it ended), and now i moved in with my other boyfriend that i am currently seeing, and it has been going well for over a year.. i love him and taking the kissing in public away is totally wrong. it hurts knowing that because of your age you cannot have the chance to express our feelings… we know we are NOT adults but this how we learn… you learned the same way…
and if this law IS in affect… i will not follow.
@Chris – First thing I would like to ask you is where did you get that statistic that 80% of 16 year olds have the common sense? I don’t mean to push you down on what you are saying, because I do agree to a certain extent, but when we are dealing with something like this, assuming that 80% of 16 year olds have that common sense is a risk. A lot of this depends on where the kids are from and how they have been brought up. I get the feeling that you have been brought up correctly and come from a good area, as you have put your point across intelligently and maturely, but you need to remember that there are many places in the world, where kids are not educated correctly and therefore don’t have this common sense,etc.
@Amanda – You need to realise that you are 16 and without having been in love at an age of 23 you will not be able to compare a maturer love to a younger love – believe me there is a massive difference. Determining the difference between infactuation and actual love is very difficult until you are older and a little more experienced. Once again, please don’t think I am pushing you down for what you have said! You have a very sound argument, but it’s hard for someone of your age to be able to predict or decide what love really is. That being said, being in a relationship is an amazing thing and I can totally see why you would want to kiss your boyfriend in public, but what stops you from being intimate at home and rather keeping the public affection at bay?
Thanks for your opinions Amanda and Chris, it’s fantastic to see what the youth are saying about all of this.
Honestly, if I was 16, I reckon I would have told everyone to go shove it and would have kissed my girlfriend in front of thousands of people! Bugger the fine ;)
hello
i dont think the new law is neccasery.
the truth be told its not going to make much difference, if kids want to do some thing bad enoph there going to thats it.
im not big on public affaction my self. and yes there needs to be lines drown but i dont belive this is one of those lines.
i dont have a pregadic to this, i am 16 so i can kiss in public if i chose to.
i do belive if you try inforcing this law, there will be rebelen and this will case nothig good. to all the adlets out there think back to when you were kids. how would you have reacted and would you have cared what other people said. yes you may have had respect for your parents but when you wanted some one bad enoph you did what you wanted. and im not saying at all that kids should be aloud to have sex, im just saying theres nothing wrong with kissing.
kayla.. I completely agree with you, you’ve summed things up very accurately, not much more I can add to that :)
Thanks for popping in and expressing your opinion!
i think that this new law is extremly absurd and i think that the goverment is contridicting itself because they say that its legal for a girl that is older than 12 to have an abortion. and what is the point of it when they say ‘public’ because sensebil teens will not start something else while kissing in a public place.. all the other stuff happens in private places.. so the gov should take that into consideration.
dani
Thanks an interesting point Dani, I didn’t actually know that. Thank you for sharing!
thats very true.
i dont agree with this rule but you would think they should menchen that in public its not that big a deal anyway.
Also public affaction is not that big a deal, such as teens dont nessaceraly have a thing for kissing in public, but if this law is set into motion then teens maybe younger will resonde and do it just cause they are not “aloud”
if you put resonable bondreys they will brobly fallow them but if you put striced rules they will want to rebeal. also when they start breaking rules they may keep breaking rules and cross some lines that they never would have befor.
I agree, I think the pure mention of this law will promote public affection rather than reduce/stop it.
What I wonder is whether this is going to come into proper play or if it’ll slowly fade away with nothing being maintained.
What do you think?
i think at first it will be stay stong and maybe well inforced.
but after a while it will be less infornce and people will stop fighting it so much and forget about it.
then slowly fade away. they cant stop every thing. Once the major fight is over the law will fade cause teens will stop thinking about it and go back to not caring that much about public afaction.
Thing is, I read a number of articles online and offline about it, but since then I really have not heard a single thing. I figured that kids would be getting caught and the papers would have made examples out of them, but I’ve read nothing more..
ya it will be over soon i think
i never herd much about it till a few weeks ago and its already dieing down.
i dont anyone has to much to worry about in this area.
why not think about things that are more important and affect lives in a harder way. one person can make a difference and i think poeple are starting to forget that.
I have looked around for some more information this evening, but have come across nothing worth posting, which I find really hard to believe!
I will look again tomorrow!
Chris, when you say a love at the age of 23 and a love at the age of 16 are different, you are speaking purely from personal experience. Everyone has different experiences, so it’s safe to say that many people have probably had that strong of a connection at a young age. Also, every love is different. No one can love someone the same way they did another, it always developes differently.
Furthermore, age doesn’t really play that much of a role in maturity, it’s more about how much you know, how educated you are. You can love at any age, it just helps if you have someone who is on the same level as you.
This rule is ridiculous in the sense that people shouldn’t care about public affection. As long as it doesn’t get out of hand, kissing in public should be accepted. It’s not like we’re stripping down and having sex in the middle of the street.
(P.S. by level I mean in maturity, not in looks or ‘league’)
i totly agree with josh. love dos not have an age limit. same as affection. when some one that is not in there 20′s is crying you dont say that person is to young to feel pain.
Yes not all people that say there in love are. but people that are olded make the same misrtakes.
i agree with josh and kayla…you dont have to be in your 20′s to be in love. its all about how mature you are and how you feel for that special someone…you cant just say, “okay i’ve reached 20 so now im ready to be in love”…love usually just sneaks up on you, and your age doesnt have much to do with it.
as for the new law that they want to put into action…i’m very against it and think that if it does come through, more people will break it than follow it!!!
Hi peeps, I didn’t mean to be strong on the age thing, I agree that there are different levels, but I stand by what I said – someone of the age 16 will be easily mislead by infatuation and often confuse it for love. I obviously don’t mean EVERYONE, but for a fairly large majority at least.
“okay i’ve reached 20 so now im ready to be in love” – based on this quote, I’m not sure you totally understood what I was saying, as that is definitely NOT what I said! I guess it is hard to put a point across in blog comments. Anyway, it’s great that everyone is sharing their views.
Looks peeps, I am on your side for this one, I think the law is rather silly and really doesn’t have a place, but I’m looking at this from all sides rather than just one.
I feel sorry for all the teens who have to now abide by this rule, but at the end of the day, the law is here and it will be enforced.
like i said b4 i still think that more ppl will break this law than follow it…if the government thinks this will help, it will only make things worse.
it seems so unfair because adults were once kids too and experienced things that they r now trying to take away from us…i am not talking about sex…i think it is not right for someone under 16 to be physically intamit, but kissing is a totally different thing, yes it sometimes does lead to things, but not all of us are as immature as others…and thats the unfair part…we are being punished for other ppls bad judgement.
Ye, the only thing is: if people break this law, kids will be made examples of and slowly others will stop breaking it. Let’s hope it doesn’t get to that, because being used to set an example is horrible!
Fair enough christina, the future is determined from the past, so ya, let’s blame our parents!!!
i dont think we should blame are parents at all
like we often dont agree with them and they
maybe wrong some times too.
they shouldnt make examples of the poeple that are caut i get that it may happen but…it shouldnt happen. some times i think its just hard for teens to get poeple to take them searyes, like not just lisen but they dont seem to really care all that much. and if they do.. well they probly dont understad what we mean or how we feel.
no afence chris M. but i dont think your really geting what some of these people are saying.
Kelly.. it was really just a joke about the parents :)
No, I do get what everyone is saying. I actually ended up printing out the comments are taking a proper read.
Point out which part you think I don’t understand, could be interesting?
Thanks for popping in, hope to hear from you again :)
i didnt mean to say lets blame our parents…i just meant to say that other teens our age make stupid mistakes and because of that all of us are being punished…i agree kelly its hard for us teens cuz no one wants to take us seriously…everyone thinks that we’re just crazy kids who wanna rebel against our parents, but thats so not true we just want ppl to listen to us and understand us…chris m its true ppl will be made examples, but thats just another part of this thats so unfair…were just teens no one wants to hear our opinion…and im getting so sick and tired of hearing the fraze “this is for ur one good”…its not, this is for their one good!!! its just another rule that makes our parents feel not as worried about wat we will do…i think they should just back off a bit and let us make our own mistakes…thats the only way we’ll learn
I must admit, being a teenager and being taken seriously is an absolute nightmare! I remember when I was quite a bit younger, there was something I wanted to do and because of my age I was just frowned upon. It’s darn annoying!
People forget that it’s the youth that will control things in the years to come and the youth should be treated with respect and allowed to share their views!
hi im 16 and i agree wif the new law!
Although we might think that the new law limits us to wat we may and may not do wif our spouses….’think about the reasoning behind it…
The percentage of pregnant teenagers in this country is unbelievably high’! We are constantly blaming the government for not taking effective action to somewhat lower the percentage of pregnant teens! Now when they do we rebel once again bcause it isnt to our satisfaction…yes teenage couples will make sure that they will do what ever they cn to rebel against this new law…bt it will make younger kids reluctant to Break The Law and be charged wif a criminal offence.. therefore by the time they are 16 they will have a much beta understanding of morals, judgement and values about relationships and people as individuals … leaving them not to jump into bed wif the first person they meet.. As much as people think that morals and values dnt aply to us as individuals.. it does bcause it cud save you from becoming another statistic’
Gabi.. you have an outstanding outlook towards this law and show great maturity with your post, I am most impressed!
There’s not much more I can add to your post, you’ve hit the nail on the head. It’s great to hear from a 16yr old who clearly has a great deal of vision.
Thank you for popping in and sharing your opinion.
i dont agree with you, gabi…yes there is a high percentage of teenage pregnancies, but kissing does not get you pregnent…plus this law is only for not kissing in public…ppl can still do w/e they want in the privacy of their homes…and i dont think anyone in the right mind would start stripping on the street and having sex…so this law is pretty much pointless.
Kissing leads to more, which often ends in unwanted pregnancies – I think that is the point trying to be made. It’s a little more than that though, it’s about learning to respect laws and abide by them.
It’s such a tough call, I’m not totally against the law, nor am I totally for it. I honestly cannot make up my mind. Everyone has an opinion and based on the opinions shared here, it makes my decision even harder!
Wow friends, this is a really tough topic!
@christina – what do you think should happen? Obviously the law won’t be dropped, so what do you think teenagers should do?
dumbest law ever if i ever get cought and they fine me my parents will probly testifi or do something because you cannot let children under 16 kiss, thats gonna lead to when they get older to kiss there not gonna , if they do this its going to lead to people not haveing kids at a young enough age because when they get to old that will be just plain stupid
Hehe, that’s a funny response, but thanks for popping in and commenting none-the-less chris :)
@Danielle T (Jan 4, 2008)
“…because they say that its legal for a girl that is older than 12 to have an abortion…”
That law was put in place to assist young girls who have been raped. It makes it easier for them to have an abortion alone (to possibly avoid the wrath of their parents).
That law’s existence doesn’t imply that you are allowed to have sex from 12 years old. If I remember correctly the legal ages for sex are 18 and 16 for guys and girls respectively.
Anyway, back to work!
heydndup, good point bud. I love how this topic is slowly but surely uncovering so many different areas, guess that’s the joy of a blog :)
@chris m.
i really have no idea wat teenagers should do now…i guess as always we dont really have a choice…no one will listen to us, we cant break it cuz then we’ll be made example and no one wants that…it’s just really sad…im under 16 and im not one of those teens who let’s kissing go that far…i always stop myself way before it gets to that…so this law is just…well…LAME!!!
@christina – I guess it is a rather sad outcome, as there is no real way to turn. Getting the law changed is something which would take months and months of preparation and an expense court case.
I guess you guys will have to have it out with your boyfriends and girlfriends at home before heading out into public or you will have to hit the dark corners :)
At least the law adds a nice element of danger ;)
Why doesnt the government focus on the more serious issues at hand instead of worrying about teenagers showing affection in public?
It is not the teenagers who are making it such a corrupt country is it?
This is an absurd joke and it isnt even april fool’s yet.
You know Christine, now that is something I completely agree with. Sort out the murders, FRAUD and rape issues first! Then deal with this petty teenage kissing saga..
You make a good point!
I am a Life Orientation teacher and this is going to be a very thorny issue to deal with in L.O. lessons. I do agree with the anti-position points about enforcement and infraction of rights but there is one point I have to make in response to a lot of the comments posted here: the law only bans teenagers UNDER THE AGE OF 16 from kissing and touching in public. All you 16 year olds are actually quite lagally allowed to express your affection to your boyfriend or girlfriend.
I do find it somewhat concerning that several of you have these strong opinions, but didn’t actually notice that the law doesn’t even apply to you. What does that suggest about how much you absorb about the dangers of early intimacy and sexual experimentation? Just a thought.
“the law only bans teenagers UNDER THE AGE OF 16 from kissing and touching in public. All you 16 year olds are actually quite lagally allowed to express your affection to your boyfriend or girlfriend.”
That’s spot on and I think a lot of the readers here have missed that point and in my opinion they are very much concerned with the physical side of things, which does force out a great deal of the ‘love’ comments made above.
Candice – I think most of those against the law were under the age of 16, and those who were older were against it for different reasons, but I see what you mean.
I think there’s a lot of ignorance and lack of complete understanding of the law. The Government enforce these laws, but hinder to actually explain them to a full extent.
Thanks for your comment Candice!
Erm… It would be helpful if you at least ******* said what country this applied to. ******.
BTW, it’s SOUTH AFRICA.
Clearly Nick is under the age of 16.
This law has been put into place to protect teens. Just the other day I read about a group of 16 year olds who had sex in a parking lot. The next day the girls said they were raped.The boy’s life is reuined now because he is being charged with rape. This law is to protect teens but as always they see it as ruining their lives. I ask the teenagers put yourself in a parents place would you want your 16 year old child kissing someone letting it go further and then your child is raped or accused of rape. For once stop complaining and just deal with the fact you are not old enough to make your own decisions because all your decisions are made with your hormones. Don’t be in a hurry to grow up because believe me there will be many years for you to kiss in public.
Perhaps if some of you would actually read the articles linked in this one, you would realize that, like I have said, THIS IS ONLY IN EFFECT IN SOUTH AFRICA.
“The act, signed into law by President Thabo Mbeki two weeks ago, makes it illegal for teenagers to kiss, touch or rub up against each other in public.”
READ IT.
*moderated swearing*
Nick.. what is my website address? Last time I checked it was imod.co.za, the .co.za represents a South African domain. Enough said.
NO need to quote an extract, I’ve read the law start to finish more than once.
Secondly, please refrain from swearing on my blog, it’s disgusting.
i think the law is totally justified. under 16′s need to control their hormones in public.
Thanks for your view reona :)
Everyone needs to control their hormones in public.
I have seen older (late 20′s-early 30′s) people making out in public. Why are they any different then people under the age of 16?
Ah Josh, now that’s a good point and one that I definitely agree with. I’ve nothing against people showing affection in public, but there are things you do in public and things you do behind closed doors and people need to respect others by behaving in public.
You raise a great point here Josh, I hope others jump on and comment!
as ive said before not all under 16 year olds are hormone crazy and cant control themselves, so Gillian dont say that all of us dont no wat were doing cuz we have to many hormones
Agreed, this is a topic where generalization should not be used as everyone is very different!
i really think this new law is crap. i understand where they might be getting this from, like how they are scared wat kissing will lead to, but it is our own descision wat we do and we must live with the consiquences. i’m not just saying this because i’m under 16, but i think people will kiss in public just to show the government that they can’t control them,I mean wat can u do? arrest a couple in the middle of a shopping centre? whoeva came up with the law needs some common sense of his/her own!
nicole – speaking from their side, when you say that’s ‘it’s our decision’, they would feel that someone under the age of 16 does not know the consequences of landing in a situation of being pregnant and being able to face decisions of such an important matter. That is where they are coming from.
Common sense – Well, a law isn’t just passed for old times sake, it will have been thought out correctly, run past psychologists and all the rest, so I wouldn’t say they lack common sense.
However, as someone who is not a teenager anymore, and as the author of this post, I do agree with you to an extent. I would have been upset with the passing of the law too had I been under the age when it was passed, so don’t get me wrong.. I’m not all up for this law either!
Thanks for popping in, hope to hear from you soon :)
i am under 16, and about to write an english speech on this whole debate.
i think it comes down to the fact that they are trying to make it easier to rule judgement against abusers, righlty so but why “16″, surely people of any age are susceptable to abuse from adults, whether they are minors or adults themselves????
On another point, why don’t we just keep our business to ourselves?? that way we’r not fighting the government and not provoking further laws that permit us even more. lets just obey this law, and do what ever we do behind closed doors, because by rebelling against the law i doubt we will not achieve much.
By admitting that this law affects us greatly it proves their point that we do make out and k*k in public a great deal of the time coz if we didnt, we wouldnt be protesting. They do have good reason to enforce this law i believe, we all know how 1 thing can lead to the next and before you know it the entire population of u16′s in sa are HIV positive.
They’r not saying they dont want us kissing, they just don’t wanna see it.
plus, What they don’t know cant hurt them anyway, just go find a bathroom or something for g**’s sakes!:)
Gemma.. I agree with you about the 16yr old thing, I think they should have made it 21 if anything, not many people under the age of 21 know how to deal with pregnancies, etc.
I think if the law could be obeyed, less new laws will be ruled towards teenagers. So I do agree with you on that point too.
You have a strong argument Gemma! Good luck with the speech, I’m sure you’ll knock their socks off easily!
Let me know how it goes!
hey it’s me again. i don’t know wat school gemma is in but i’m also doing the speech on it. i sort of agreewith u chris & gemma. we must just do it behind doors! bye!
Absolutely :)
Thanks for popping in Nicole, all the best with the speech!
Oh my goodness, I am sorry, i was being a bit of an idiot. I assumed this was an american site, and was frustrated because some people at my school were telling me this was happening here.
I apologize for my rudeness and by swearing.
Not a problem Nick, I assumed there was some kind of miss communication :)
Please visit again, no hard feelings held what-so-ever!
Cheers!
Shot chris*
haha funny thing is i ended up not doing the speech,,
didnt quite think it would go down too well with my conservative english teacher.
hahah shame nick,, its ok buddie.
Awww, you should have done the speech, it would have been interesting to hear how it went down :( Oh well, perhaps next time there’s a heated conversation, you will get a chance!
Keep well and hope to chat to you soon!
horrible and this law sux kissin will not make people pregnant and it will make things more worse asif we can catch all the 100 people who r kissin and let them be punished or fined wateva horrible bulshit law
Yes mel, but the argument says that kissing will possibly lead to more, that’s the motivation. Have a read of the comments posted here and you’ll see what we’ve covered all of this..
im in boarding school, and my whole hostel agrees that this rule is the biggest load of s#*t!!! its insane, how can it be legal to have sex at 16 (for girls), buy condoms at 14 (for guys), and a girl can have an ABORTION at 12!!!!!!! its crap… and its not going to work… how dumb can the government get????!!!!
Haha, I don’t think it’s really about the Government being dumb, but perhaps about them being a little unaware of what really goes on with teenagers these days..
I don’t think it’s actually so much to do with kissing leading to sexual intercourse (although that is one reason).
Many teenagers and young people may feel pressured into giving a sex act which can be followed by sex itself.
This law means that someone in authority – teacher, social worker, doctor etc. – can advise the police if they think someone’s vulnerable and/or at risk of being pressured into doing something they actually don’t want to do.
Hi Victoria,
I have looked at it from that point of view and do agree with you. There’s a great deal more to this subject than most of my readers are realising. It’s very easy to get annoyed and start complaining on such a subject matter, which I think is what most teenagers are unfortunately doing :/
Thanks for your views Vic, hope to see you here again soon :)
Yuo should never have band kissign for under 16 year old children it’s ubsured there is absolutely no point intercourse under 16 i can definately understand but kissing hell know this is y a hate laws
Hehe, Asutin – perhaps you could express why you think teenagers should be allowed to kiss under the age of 16?
i think its stupid cause then everyone will be doing it in private and that will lead to more sexuall things
That’s one point of view alexx, one which I do agree with. I often feel that banning or making things illegal has the reverse effect, so I agree with you to an extent.
Has anyone here actually read the law? I have: there is no “in public” qualification. You can read the act at http://www.info.gov.za/gazette/acts/2007/a32-07.pdf
I am seriously unimpressed with the people claiming to be LO teachers who have no clue what they are talking about in this regard. Get your facts straight!
If two minors under 16 kiss it is an offense, but requires authorisation from the provincial Director of Public Prosecutions to prosecute.
If a minor under 16 kisses (or is kissed by) a minor of 16 years or older – or a major – it is an offense and the older person can be immediately arrested on charges of sexual violation. If found guilty that is a crime for which you will get a record, not just a fine. You will be entered onto the Sexual Offenses Register and never able to work in a job involving responsibility over children. Most health and social professions will be closed to you. You will never be able to adopt or foster children.
The relevant bits of the act:
“child” means – (b) with reference to sections 15 and 16, a person 12 years or older but under the age of 16 years;
“sexual violation” includes any act which causes – (a) direct or indirect contact between the – (ii) mouth of one person and – (bb) the mouth of another person;
16.(1) A person (“A”) who commits an act of sexual violation with a child (“B”) is, despite the consent of B to the commission of such an act, guilty of the offense of having committed an act of consensual sexual violation with a child;
16.(2)(a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Directory of Public Prosecutions if both A and B were children at the time …
Agreed Twylite, most people have not taken the time to actually carefully read the law.
Thanks for pasting down the relevant parts of the act, I should have posted them a while back, but you know how it is – busy, busy, busy :)
Hope to see you around here again!
I agree with that comment.
It’s going to be simply impossible to catch all teenagers under the age of 16 making out in public. It’s totally stupid!!!! If i feel the need to make an affectionate mood in public with my boyfriend, then i will do as i plead!!!
Hehehe, you go girl!
what is this world coming to,i think our fathers who are lawyers and judges seriously need to dispute such a ridiculous and uncultured law, how can you be prosecuted for spreading love.black eye peas please back me up “where is the love”
Hehe, well there’s a little more to it that just spreading the love, but I know what you are saying bud..
I must admit that i didnt read all the comments on this topic, but it seemed to me that the bulk of the first few comments were from teenagers who are jumping up and down cos they think that now the “stupid government” is messing with them.
I wonder how many of these kids running around screaming “human rights” and blah blah have taken the time to understand what the law says and what it is implied to achieve.
First off, lets start by stating that South Africa is amongst the highest Aids populations in the world. We are also have the honor of bragging that we show the highest number of violent crimes in the world as well as among the highest number of sexual offenses in the world. NO, I am not slandering South Africa, infact I am damn proud to be South African and I have spent many years abroad and have stood up for South Africa in many arguments around the world.
Unfortunately, our justice system fails us many times, but that is no fault of the Judiciary, it is no fault of the SAPS or the government.
Kindness starts at home! Pay it forward was a damn good presentation of this concept, even though it is about overstated for this argument. My point is, if each household educates and rears the children of South Africa to be tolerant, respectful, kind hearted and honest people we will not have this problem that we have now. And in response to the mayhem, what do most of us do, we watch the news and shake our heads at government officials, at community leaders, at our president. Just so you all know, those people have mothers too, and those corrupt government officials have only their upbringing to blame. Every rapist, every murderer, every thief have only their upbringing to blame.
If we were all taught correctly that these crimes are wrong, we would not have this issue.
Further, this tactic has failed, and so has sex education in schools. We now have more school girls knocked up than ever before.
This law is not supposed to stop people from enjoying physical relationships with others, it is merely to guide the dim witted drunk 14yr old who dryhumps every jock at a party and then looks confused when her periods skip a few beats. Every problem has a root, and this law is only trying to curb underlying moral issues that we as South Africans have.
So if you are under 16, kiss him in private. This can’t be stopped as its natural evolution, but at least this way we can be sure that it is happening indoors and hopefully in some mothers home.
Totally, most of the comments will be from teenagers who are naturally upset with the law and are therefore rebelling against it.
I agree, the chances of this law working in a positive manner are very slim, and yes, the statistics clearly show that girls getting knocked up these days is ten fold!
Take it tom, take it out of public, after all, there’s no need to get societies approval!
IT IS IN AFRICA! Gees! I realize you already know that so, why does it matter? Do any of you live in South Africa?!
Kite – most of do actually :)
Ok guys…i read all your comments….I think first thing we should consider is tht b4 something bcums a law it goes to the parliament and be discussd,so many people thot abt ths and it would’nt be law if it was stupid.I’m 18 but I think the law is pretty much good thou is sound rediculous or pressing our rights as every1 hv the right to to freedom of expression and every1 can do whatever she/he wants with her/his body.I think the law basically protect young children same as under 16 are nt allowed to hv sex.Every1 under the age of 16 is considered as a minor,still a child and is under the guide of parents.Children should remain children and know their place…not doing things that adults do and this is also related with respec.If u are under 16 u cn kiss your lover in a private place bt nt in public…If you are under 16 just know tht u r still a child even if u don’t c tht and in many cases children can’t decide for themslvs only peer pressure and homornes decide.
I totally agree with you – I there is a huge need to touch and kiss, this can be done in private. Public affection by youngsters is often an attention thing as well as insecurity thing, so the law actually protects more than just the “sexual” side of things, but actually the development of the teenagers.
This is one of those topics which could go on for ever really!
Thanks for popping in! I hope Rhodes is going well for you :)
this kissing act rubbish is totally madness at its best, everyone has the right to express their feelings whether in public or in private. i see no reason why kissing in public should be banned bcoz we goona kiss anyway, even if it means in private. from Abigail, law student at rhodes university
Abigail, I hear what you’re saying, but I think that you are missing some key factors that this law protects. I suggest you read some of the comments in this thread.. ?
Thanks for popping in!
ja u right Chris…we can tok till 2030 abt ths ,just think they only want to protect childern more thn anything…
thnx anyway…Rhodes and law are treating me well…
Is it just me or are most people missing the point of this law?
@Abigail – sure, everyone has a right to express their feelings. Just like i have the right to walk around my house nude. But that doesn’t mean I’m going to do it in public. Display affection – but keep it balanced.
Unfortunately most people don’t want to see a bunch of 16-year olds making out in the malls etc. Keep bedroom business in the bedroom.
Also, most teens are hugely narcissistic and feel the need to display amatory affection just to make them feel better about themselves – and this usually leads to unforeseen, and unwanted circumstances. So, to all the under 16′s: stop complaining – the law will affect you for a few years, and then you can laugh at it. Half the problem is that people are over-reacting to this law, while it’s actually the least of your concerns (especially living in this crime and corruption-ridden country).
I think that more needs to be done towards the education of these things. Kids need to be taught analytical skills to read into general life matters like laws, taxes, money, etc…
It bothers me at the vast difference of the 2 reactions from the last 2 who commented here.
Okay, let’s start with the summary … again …
The Act in question can be found at http://www.info.gov.za/gazette/acts/2007/a32-07.pdf If you are a law student please read it so you can see what it actually says: Section 1(1) “child” : (a) under 18 or, (b) for section 16, 12 to 15. Section 1(1) “sexual violation” (a)(ii)(bb) : mouth-to-mouth contact is a sexual violation. Section 16(1) : sexual violation of a child (12 to 15 years) is an offense. Section 56(2)(b) : if you’re both children with an age difference of less than 2 years then the judge will let you off.
So if you are 12 to 15 years of age and you kiss someone (consentually) then that person has committed an act of sexual violation. If that person is 12 to 15 years old then you have also commited an act of sexual violation. It doesn’t matter whether you did this in public or private – you still broke the law. If you get caught (which is less likely if you did it in private) then you MAY have charges pressed against you and you MAY end up in court, at which point the judge will let you off IF the age difference between the two of you is 2 years or less.
There is NO … let me repeat that: NO, NADA, NONE, ZIP, ZERO, ZILCH, N-O … distinction between public and private behaviour.
This law IS a big deal:
(1) It criminalises kissing for Under-16s. Just because you did it in private and didn’t get caught doesn’t mean it wasn’t illegal. Her daddy can still push charges against you. If you manage to avoid the juvenile record and jail time you’ve still got the police harassment and the cost of the lawsuit.
(2) Adults can AND DO kiss in public. Why the heck do you think that minors shouldn’t?
(3) This “keep sex hidden” attitude has only existed for the last 150 years (yes, really – check your history books, you’re looking for “Victorian era”). It has caused the persistent disenfranchisement of women and led to sexual health problems (physical and emotional) that are a leading cause of broken marriages, violence against women, and the spread of STDs.
(4) Keeping sexual activity hidden is a major developmental problem (psychologically) because it leads to unrealistic expectations of oneself and others.
LACK of information is a driver of peer pressure. Children (and adults) boast and exaggerate their experience, and in the absence of contradictory evidence we tend to believe these stories. We have research cases where 40% of school leavers have had (penetrative) sex, but the students themselves estimated the figure above 80%. This in turn means that those who “aren’t getting any” think there is something wrong with them (self-image problems) while they are in fact in the majority.
(5) We want teenagers snogging at the mall. It means they are taking a healthy interest in life and will pay attention to things like maintaining a healthy body.
It also means they’re not behind the mall taking drugs, or with a gang learning to steal and kill, or wandering the streets where they may be victims of crime, or in the bedroom where they could be doing something more risky than snogging, or simply blobbing in front of the TV learning to be couch potatoes with no social skills.
We want a law that protects children from sexual exploitation by adults. This law tries to protect children from growing up.
Well, now that you bring that law up, then this new law has been passed to protect teenagers from committing a sexual expression with a more mature individual. Let’s take a 15 year old girl and an 18 year old man. Already, the combination of GIRL and MAN sounds a little “iffy,” so to speak. The older male could very well be hiding a hidden alterior motive within the relationship, like abuse or even harm / murder for example. The girl, being only 15 years of age, does not have as much of a developed brain as someone that is 18, which impedes her judgement of body signals or other egomeniacle gestures that could very well reveal the hidden motives that the older man has.
Sure, that’s a good thing to prevent, but why go as far as to completely banish it for the people who ARE 2 years of age apart or less? They aren’t breaking ANY laws whatsoever. They are just sticking to their true democratic, North American culture to be able to express your feelings in which ever humane / socially acceptable way you please. Its the 14 year olds that are going out with the 18, 19, or even 20 year olds that we should be protecting. Have you ever heard of a 14 year old boy sexually assaulting a 13 year old girl? I haven’t, but I sure have heard of 13 – 15 year old boys sexually assaulting 8, 7, or 6 year old girls.
In Canada, which is where I reside, there is a little thing we like to call rights and equality. If the Canadian government is allowing people from ANY country in the world to move to Canada to escape the twisted ways of their home country, which may very well include terrorists, spies, or any other sort of threat to Canadian Citizens, then why can’t they let a physically harmless little kiss on the lips slip by, too?
when was this law made? I Have a BF i love himbut im not thinking about kissin’ him any time soon, im 12 im to young for that. but anyway what about little kids who are like 5-6 who just give little innocent pecks on the cheeks or lips? i think this law is STUPID and will be very hard to enforce.
Chris ur gay. in fact anyone who supports this law is fuckin retarted. if u support it u should be hit upside the head ur fuckin gay.
das da stupids law i have ever heard of nd chris u sould read ur head y would u say dta it leads 2 more den kissing u dont knw us
Vladimir… Renske… Which Chris are you guys talking about? I’m on your guys’ side, in case you missed the point of my big comment there.
And also, Amber. Go ahead and kiss your boyfriend, it’s nothing insane, nothing absolutely illegal. Kids younger than you are doing it left right and centre. The point of the law they are trying to pass is to prevent it from escalating into sex. The point behind the law has a very liable motive, but I believe the law itself is just a little too harsh. Sorry to say, but a 12 year old girl just isn’t mentally developed enough to keep these things under control. You aren’t kissing your boyfriend with the intention of love, but more so enjoyment and pleasure. That is why the government wants to stop kissing all together, but again; way too assertive on their part, not fair on the democratic public.
@ Twylite – You talk of the Victorian era as if it was a good thing. Do you need reminding that this was the time that prostitution was at its worst? This clearly contridicts your argument, doesn’t it?
Then, the victorian era, was also the age of colonialism. The amount of rapes, murders and suppression that took place during this time completely disallows the fact that it was also the great art era. I’m sorry, but if we to consider ressurecting that mindset, then what stops us from going back to being barbarians?
HoTsTePPa said: “@ Twylite – You talk of the Victorian era as if it was a good thing.”
I did? According to the comment history this is what I said about it:
“(3) This “keep sex hidden” attitude has only existed for the last 150 years (yes, really – check your history books, you’re looking for “Victorian era”). It has caused the persistent disenfranchisement of women and led to sexual health problems (physical and emotional) that are a leading cause of broken marriages, violence against women, and the spread of STDs.”
I was kindof under the impression that this made the Victorian era a bad thing …?
ppl! ppl! ppl!
yes, the law is a bit ova the edge…bt lets try and look at the brighter side of this…all theyr tryna do is bettn da lives of others, they sure made a mistake of going abt it ths wae coz these aint solvin anything bt is driving us teens towards a intense rebelion against the matter…im also a 16 yr old maslf and i understand exacly whr ll yalla comments are coming from bt i still think some of us are being self-centred towards ths matter…@christina…lolie ur not the only one who has a bf, so do i…bt i respct society enuf to display ma affection for hm in pvt. dont gt me rng gf, thrs absolutly nthn rng with kissing ur partner in public bot all im against is you jst doin it to spyt the law passers.
yeahr yeahr yeahr dnt wana gt all lectury so ill bounce outa hre……..luvies
Nobody said people do this out of spite. It’s been happening for years and years. If you prohibit kissing in public, then there can’t be any in movies, there can’t be any words about it in songs, it can’t be in magazine ads or articles, and it can’t even be in stories, or even little kids’ fairy tales where some chick kisses a damn frog. That’s what will stem off of it, because those things sure as hell aren’t too ‘private,’ yet they’re all around us…right?
Underage kissing is nothing. Having underage sex is where its at ;). Like who the fuck has the right to say that kids can’t fuck. I mean, how do you define what is a kid in the first place. Fucking morons wanna put everyone in a box like who the fuck are you bastards anyway, go fuck yourselves you assholes and stop sticking your nose up everyone elses arse. People who want to impose on others freedom needs to go fuck themselves for the depraved arse sniffers they are.
Like its my fucking planet too you know and if I want to fuck someone and that someone wants to fuck me back, what the fuck does it have to do with anyone else?
Getting back to how do you define a kid, is it the age or the mentality. I have parents too and I tell them the same thing that is that they can fuck off because I know how I came about and I use protection anyway.
I don’t think 16 is the right age. They could at least lower the age limit. Some kids are not mature at that age, but most of them are. Besides, before anyone agreed to go anywhere or kiss someone else they should make sure it is safe. I not saying unsafe activity should be allowed to take place, but there isn’t really much wrong with kissing. It is just a way showing you care deeply about them. They could undo the law for a while and tell everyone there would be police around. If anything unsafe happened they could put the law in again, but with a little lower age limit. That would probaly straigten up a good percentage of the kids because they had a little more freedom back. Kids wouldn’t like to have rights to taken away again.
I’m 20 and my girlfriend is 15, I’m not gonna put our love on hold because of a stupid new law. We’re waiting before we have sex but kissing isn’t a big deal people. The law can be really stupid sometimes.
Well, it is interesting to hear how the young are crying foul over this matter. Interesting to note is a point someone made about the abortion being legalized at 12 but they could not even allow 16 year olds to kiss. Hmmm. But what happens when a 12 year old is raped and impregnated? Now that explains it. That is where you realise that “older” people are smarter, because not only are they looking at preventing this from happening, but should it happen, suitable remedies are applicable. And, pet kissing in public is not a bad thing, what is wrong is people chewing each other in public as if they are a bunch of homeless folks. Get a room (but no sex), and we dont wanna know what happened in there.
Im 14 and to be honest this will proberbly just make teenagers do it just for the thrill of getting caught. Yes i understand the bit about feeling each other up in public its wrong and not a pretty site for everyone else. But kissing? is’nt that abit over the top?
The government are just making new laws up because they get bored And have nothing helpful to do.
(this is my view, please dont slate me)
I think the main point is that kissing leads to more and that’s what they are trying to prevent Leanne. Look, I was that age too and I would have said exactly what you said, so I admire your words, but I think you’ll see differently when you are a bit older, maybe :)
Thanks for popping in and sharing your thoughts!
I personally think this new law is pretty ridiculous. I understand completely about waiting to have sex, because we all know the consequences on it, but kissing? Isnt that a little bit overboard? I’m only fourteen, but I feel that I should be able to show my feelings towards another with a simple kiss. Its different if young teens are going to abuse this priviledge and go farther than that, but not everyone does. In my opinion this law could atleast be lowered to, lets say, twelve? If fourteen was the legalized age of consent at one point, you would expect that they’d be able to kiss now, am I right? I’m sorry if you do not agree, but I believe the government have gone a little too far.
What defines a kiss exactly? tungue? no tungue? everyone I knew started drinking at 13, if they cant control that, how are they going to control kissing?
Haha, that’s exactly why the laws are induced JOe :)
Well, there is no stopping this couple who kissed for 2 minutes in public!
http://www.youtube.com/watch?v=X7PH7qIfNC4
Personally i disagree with this law.
It’s something that’s: A. Unenforcable B. Stupid C.Possibly a smokescreen and D. Outrageous
Added to this the fact that kissing is a natural part of growing up, it has next to no sense in it at all. Say someone has just hugged a close friend and their friend’s mouth has brushed their cheek. Do we call the police? Next they’ll be banning swimming pools saying that “Too much flesh is being exposed.” Or perhaps they’ll ban hugs in public next, saying that “Hugging could lead to kissing, which potentially could lead to sex.” This kissing law could lead to outraged people, which could potentially lead to someone getting hurt. Personally I wouldn’t hurt anyone because of this law. I’d just ignore it.
fuck that.
Please watch your languages Minnie, this is a friendly blog :)
I think the law isn`t neceary!!teens won`t go futher then kissing in the public and it they do go futher its there choice.
this “law” is a waste of time and its just going to make public affection worse
who the heck made this rule???
becuz it is the most dumbest rule and no TEENAGER i repeat NO TEENAGER is going to follow this dumb ass rule
@Haley – Why is a dumb rule?
With all due respect to whom it may concern, I really fail to see the purpose in this law. Also I hasten to add, care not for it and shall not take even the slightest bit of notice. There are somethings that are understandable, but theres a line that shouldnt be crossed. My relationship with a girl has nothing whatsoever to do with any politician. If I want to kiss someone I shall go ahead and do so. In the end this is simply going to lead to more problems than is will solve. I can see the point in not allowing underage teens to have sex, but this? This is, in my oppinion bordering on oppresive!
Just to clear it up, exactly where is this law in effect?
Nobody will follow this rule. Just because the establishment made their hearts from cold set stone doesn’t mean other people can’t fall in love.
It may not be the sixties anymore, but that doesn’t mean love no longer exists. People should be free to express themselves.
I’d love to see them try to stop people kissing on valentines day. Haha!
Pikachao.
What a whole lotta love! ;)
1 word STUPID i have a bf and nothing stops us
Ignorance charlotte :)
wow. thats rediculious.
good thing im 17 :P
Why is it “rediculious” ?
no no no this is not happening its perthetic wth ppl r not ganna listen to this law get a life whoever made up this law
Well I imagine that’ll be the perfect way of getting that law revoked.
Telling the politician to “get a life”.
Scratch petitions and any reasonably sensible objection, we have to tell them to “get a life”.
this law is a load of crap. I am 13 now and me and my girlfriend kiss wen we c each other. And I think that this law is crap because. 1. Nobody will listen 2.the police won’t do anything about it. 3. The law is just going 2 cause riots and things lyk that its just a way 4 the goverment 2b a bunch of dumbasses :$
I stand by the new law… If one is 15 years of age or younger they should not be able to kiss or rub against eachother. Kissing is one of the most intimate actions and it WILL lead to sexual acts; which a 15 year old (& younger) are no where near ready for. I agree with this law 100%!!!
@melanie if u support this law then you dont know what it is lyk to b a kid so im geussing u cldnt get a bf and thats y u think lyk that oh and if it will lead to sex then y doesn’t the law say only over 18s if sex is at 18
I think this rule is messed up. But i guess it gives me more opertunities 2 be rebel.
ARE WE NO LONGER HUMAN?
Years ago, We (16 under)
we not though of until we came of marriage age,
Is it not bad enough that adults, treat us as though we are 5 until the age of 16, and even then it is a struggle to get them to see how we are growing up.
I get why this law has been brought in,
Due to the rapid incress in teen pregnancy, But this the parents fault, yes we are some what to blame but If our mothers and fathers had given us a proper *chat* or offered us protection.
thus the blame lays with thoughs so called
**ADULTS**
WEll this law can go die in hole cause if i want to kiss my girl at the mall or whatever, god d*mn it i will!
WHAHAHHAHAHAHHA
THIS IS A STUPID FREAKING RULE ITS SHOULD BE NO ONE UNDER 14 THEN THAT CAUSES PROBLEM BUT THIS NEW LAW WILL CAUSE A HUGE OUTRAGE AMOUNGST THE YOUNGER TEENS AND WELL I AM PERSONALLY WAITING FOR THE OUTCOME OF THIS. IF I WANT TO KISS MY BOYFRIEND BY GOD I WILL SO PISS ON YOU
excuse me but, hell no!! this lawn is ridiculous. Plus, just cuz u say its not allowed, how many ppl like me, under 16, r gonna agree 2 it. we dont care what the government says!!
I get why the government felt this law was important, but it’s a little overkill… Nobody’s going to respect it…This wasn’t the best idea.
@HisBabyGurl – I do tend to agree with you on your statement, has anyone heard a report of someone getting in trouble yet?
I think that the law is unnecessary. Because kissing in public is some one’s personal choice. It more comes down to morals and respect for those around you. it’s not always about “how far can we get in these few minutes” well frankly it should never be about that. I have searched and i don’t know if we’re talking about a peck on the lips or about groping, rubbing, and/or movie style kissing. At my school most people frown upon groping and making out. in school. but also there are only 15 out of 450 kids in my high school that have not interacted in more than one “Times” having sexual intercourse. The last school i was in (mind you i was one of those people that knew the back story of everyone literately) that out of 4000 people only 25 of them have not had sex because they were abstinent. about 400 of them wanted to really bad but no one ever gave them the chance (if your catching my drift) i think normal one mouth closed kiss or 2 is just fine in public. EVERYONE already does. Now i agree firmly with “katy H” because i know someone very close to me that is 13 years old and pregnant. thanks for listening to my opinion
This law is stoOpid. If the Government thinks that children under the age of 16 shouldn’t kiss in public because that will lead to sex, then wouldn’t that make kids kiss in private where it will most likely lead to sex because there is no one watching them? If kids kiss in public I doubt that they will begin to strip off their clothes and have sex! If someone sees you kissing your boyfriend/girlfriend in Cavendish or where ever how much of a chance is there that you are ever gonna see that person again? (unless you know them). If i wanna kiss my boyfriend in public, then hell yeah I’m gonna do it :)
This is insane! With the out of control sex laws and the extreme growth in the rate of registered sex offenders on minor offenses I’m not surprised. Some crimes are even being charged that happened years ago that wasn’t a sex crime at the time. Expos facto laws in the Constitution are being ignored all the time as it relates to anything sexual. The registered sex offender is the new focus for witch hunts of the 21′s century. Freedom in the USA isn’t what it once was. I’m thinking of moving out of the states for somewhere better like the Netherlands and parts of Europe. I hear even Russia’s more free than parts of the USA (like California). Just think I spent 16 years in the US military and it comes to this. If you go to the airport the TSA scans you naked or sexually assaults you. Sheessh, what a welcome to America! If you touch someone like they do it’s a sexual assault! Now, even if it’s consensual you can get arrested. Why are we living here. If you buy a car you pay for the tags, license, insurance, registration and must pay any tickets and accessment fees, plus maintenance, gas and repairs and after all that they tell you it’s a prevallage and not a right to drive! Who’s privilege? The government seem to get more benefit from you driving than you do considering all the fees and taxes! Sheesh, why not just take bike or the bus? FREEDOM? Now you can’t even kiss!
i dont agree with this law at all. I believe that if someone wants to be intimate, they will have the common sense to know whether or not to cross which boundaries. By enforcing laws, they make it even more tempting for teens of a younger more vulnerable age to go against it. If the law is abolished, there will be no need to try to break it.
As a 16yr old, i feel it is unnecessary for the gov to try to enforce such a law. We may not be ‘all grown up’ but we do learn from what we do. They can’t expect us to only start to learn what kissing is after the age of 16. By then its too late. We develop these feelings at a young age. We all experience love. No one can say that your view on love is wrong because no one experiences it in the same way. Also, kissing has become a very publicly acceptable way to express acceptance and love of one another. They cant take away that one thing that brings two people closer together. As 16yr old guys, we are blamed for everything, if something bad happens, then apparently its us. We aren’t all bad, there are those, like myself, who dont do all the bad things, those who wont be led further than necessary. They cant generalise with this law. It will cause more damage than anything else. Its a right. They cant play around with our rights just because they think, note they think, that it will lead to worse. I wont allow someone else to tell me that kissing my gf isn’t politically acceptable.
STUPID!! Its taking away freedom. America was suppose to be the ‘free country’ and now look where we are! Trying to make it illegal to kiss when your under 16!? Whats next?!? You can’t have junk food until your 5??