The Global Community Tribunal

The issue of teens kissing under 16 years kissing in public being allegedly criminalized, has become a debatable point. The statement has been made that, with the introduction of the “Sexual Offences Act” the kissing of persons under 16 years of age has been criminalized. I reacted to this in my post Kiss and its goodbye. The question mark I raised has now been countered with arguments that this story is confirmed in various newspaper articles and posts on the blogosphere. No reference has yet been provided that will remove all doubt.

I initially hesitated to quote from the act. Rather than rely on media gossip I find the issue important enough to change my mind. So, let’s see what the law says:

The acts name is not the Sexual Offences Act but the Criminal Law (Sexual Offences) Amendment Act, 2003. The whole act is available on the government site for anyone who wishes to study the implications of this legislation.

An “indecent act” in terms of section 1(1) of the Act means

(a) direct or indirect contact between the anus or genital organs of one person or, in the case of a female, her breasts and any part of the body of another person or any object, including any part of the body of an animal;

(b) exposure or display of the genital organs of one person to another person; or

(c) exposure or display of any pornographic material to any person against his or her will or to a child,

but does not include an act which causes penetration;

“Genital organs” is defined “the whole or part of male and female genital organs and further include surgically constructed or reconstructed genital organs.” It does not include the mouth or lips of a female.

Section 8 of the Act provides the following:

8. A person who intentionally commits an act which causes penetration or an indecent act with another within the view of a child below the age of 16 years or a person who is mentally impaired is guilty of the offence of having committed such an act within the view of a child or a mentally impaired person, as the case may be, and is liable upon conviction to a fine or imprisonment for a period not exceeding two years.

Section 9(4) states:

“Any person who commits an indecent act with a child below the age of 16 years is, despite the consent of that child to the commission of such an act, guilty of the offence of having committed an indecent act with a child and is liable upon conviction to a fine or imprisonment for a period not exceeding four years or to both a fine and such imprisonment.”

Looking at these provisions, it is not illegal to kiss another person of whatever age or sex, in public or otherwise. What is illegal (for purposes of this discussion) is direct or indirect contact between the genetial organs and/or breasts of a female and any part of the body of another person in view of any impaired persons or a person under 16 years. If kissing would therefore require the fondling of the girls tits in public and in front of children under 16 years, yes, kissing in public would be be illegal. If you would like to read crime into it, the parties surely do not need to kiss. Their bodies only need to touch in such a way that a part of the body of the man presses against the breast of the girl. To suggest that it was the postive intention of the legislator to criminalize this or the kissing of a girl in public, would be to seek attention.

I would suggest that these kids stop fooling around and rather give more attention to their school work.

J.C.Grobler.

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This entry was posted on Sunday, December 30th, 2007 at 5:00 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.