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Friday, 14 November 2014 09:08

Con Court's Decision Could Add New Spur to Learner Molestations

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"The criminalisation of consensual sexual conduct between consenting adolescents is unconstitutional, the Constitutional Court has ruled.  The court confirmed a lower court's order that sections 15 abuse 5and 16 of the Criminal Law Amendment Act, which relate to sexual offences, were unconstitutional.  The unanimous judgment, written by Judge Sisi Khampepe, was published on the court's website on Thursday.  The sections infringed on the rights of adolescents, aged between 12 and 16, to dignity and privacy, and further violated the best interest principle contained in section 28(2) of the Constitution."

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However, "More than 100 complaints of sexual misconduct were laid against teachers last year, according to the SA Council for Educators [Sace]. In its 2012/13 annual report, tabled at Parliament on Thursday, the council said it received a total of 556 complaints for various 'alleged offences or breaches' between 1 April last year and 30 March this year. Of these, 104 were for 'sexual misconduct, including rape'."

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