Showing posts with label sexual offences. Show all posts
Showing posts with label sexual offences. Show all posts

Sunday, 9 August 2015

Here's to strong women



“You strike a woman, you strike a rock!” 

– Women’s March (9 August 1956) resistance song. The march was in protest of the pass laws restricting black men from entering the cities. Women from all races joined forces and marched to the Pretoria Union Building to hand over a petition. 

Fifty nine years later there remains an uncomfortable amount of reasons for South African women to join forces and march once more. 

Every six hours a woman gets killed by her intimate partner. Women are raped, abused and humiliated on a daily basis. Many households are headed by women - women who continue to earn significantly less than their male counterparts. So yes, the struggle to emancipate women is real and far from over.

It is true that we have come a long way. In ancient times a woman was regarded as the property of her father or husband and was unable to enter into a contract without a man’s consent. Isn’t it heartbreaking to note that in some households, not much has changed? More than 50% of women surveyed by the World Health Organization in 2013 have been abused verbally or emotionally. Most women unfortunately suffer in silence, fearing retaliation or self-blame. 

If you or someone you know is a victim of stalking, physical, economical, verbal and/ or emotional abuse, we urge you to please follow or pass on these simple steps to obtain a protection order: click here. 

The government is trying to relieve woman and child abuse by implementing Family Violence, Child Protection and Sexual Offenses units countrywide. On the 22nd of July 2015 the Minister of Justice and Correctional Services also officially opened the Schweizer Reneke Sexual Offences Court in the North West Province– a court with specially trained officials and equipment that will assist to reduce any chance of secondary trauma for victims of sexual violence. These are all strides in the right direction, however, there is a potential force much stronger than Parliament: all women joining forces. 

It is easy to sit back and blame decades of gender discrimination, especially as the damage caused is unacceptable and has bred mindsets that are not compatible with equal opportunities and respect. As a woman I believe it is time for us all to take a hard look in the mirror. Are you living a fulfilled life? Is this who you dreamed of becoming as a little girl? Are you spending more time belittling women than actively building each other up? Is that petty fight with that other struggling woman really worth it? 

Women form more than half of this beautiful country’s population. Imagine what we can accomplish together.

In celebration of Women’s Month, Legal Hero will upload a few Woman Law 101 notes to try ensure that no legal obstacle is stopping you from reaching your full potential. Please mail social@legalhero.co.za should you have any specific topics or questions you would like one of our legal wonder women to address.


“Here's to strong women. May we know them, may we be them, may we raise them.” - Unknown.

Thursday, 9 April 2015

Sexual Experimentation & the Youth


Let’s say you catch your 13 year old daughter and her boyfriend (also 13) kissing in her room. 

Did you know that underage kissing, children 12 to 16 years, is a crime in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007? 

According to this act consensual underage sexual activity/ penetration/ petting/ kissing is a crime. Any person who fails to report it could face possible criminal prosecution. Yes, that means that you as a parent or guardian could be charged with a crime should you fail to report your underage daughter’s smooching session. 

Enter the Teddy Bear Clinic Constitutional Court case (2014):

· Children’s rights activists argued that the criminalization of consensual underage sexual activity causes pregnant girls to avoid clinics and hospitals as they and their partners fear criminal charges;

· The Department of Justice on the other hand argued that decriminalization would negatively impact the already escalating rate of sexual violence among young children;

· The Court, however, found in favour of Teddy Bear Clinic and ruled that the criminalization of consensual underage sexual activity infringes a teenager’s right to dignity and privacy;

· The Court gave Parliament more than a year to change the Sexual Offences Act.


Enter the new draft rules which have yet to come into effect:

· Two consenting minors aged 12 to 16 will not face criminal charges following sexual activity;

· It remains a serious crime for an adult to engage in sexual activity with a minor younger than 16, regardless of the minor’s consent;

· A person aged 16 or 17 years will not face criminal charges for consensual sexual activity with an underage minor, provided the age difference is no more than two years.



“Every child has his or her own dignity. If a child is to be constitutionally imagined as an individual with a distinctive personality, and not merely as a miniature adult waiting to reach full size, he or she cannot be treated as a mere extension of his or her parents, umbilically destined to sink or swim with them.”

- S v M (Centre for Child Law as Amicus Curiae) para 18: 



Yours faithfully, 

Legal Hero

www.legalhero.co.za