7 hours Ago By Editorial staff
It’s the hidden shame in a country already shamed by its horrific record on sexual assault – the fact that so few cases of statutory rape are successfully prosecuted. Roughly 50 statutory rape cases per month have been registered with the police since last April. Of those, 83 cases resulted in successful prosecutions, 117 were still under investigation and only one accused was found not guilty.
However, 335 cases were not prosecuted, as 98 were settled through mediation or other legal negotiations and 237 were withdrawn. Why does this happen? That is the question we need to ask ourselves as a society. ALSO READ: Statutory rape in South Africa: How many offenders were found guilty in last 10 months? Having sex with someone who is under the age of 16 is considered rape – even using the term “statutory” lessens it to some form of misdemeanour.
The law presumes that a child under the age of 16 (and that is what they are – children) cannot make an informed choice about having sex. And, it goes without saying, that they are far more vulnerable to physical and emotional coercion by an older person. So why so few successful cases? It is because cops, accused and even families of victims don’t take it seriously enough? This is abuse and it should be treated as such.
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