The South African Council of Churches (SACC) has opposed plans to set the age of sexual consent at 16.

In a submission to the Portfolio Committee on Justice on the Criminal Laws (Sexual Offences) Amendment Bill, the SACC said: "Although we support the notion of a uniform age of consent, we believe that this should be set at 18. We are increasingly and painfully aware of teenagers' vulnerability to sexual overtures from older people, including teachers, taxi drivers -- even religious officials. Lowering the age of consent to 16 would exacerbate this problem, as older adults would no longer face the threat of statutory rape charges for pursuing 16 or 17-year-old children." The Council also noted that setting the age of consent at 18 would also be more consistent with the constitutional definition of "child" and with plans to make 18 the age of majority.

The SACC acknowledged that "common law definitions of sexual offences have often failed to keep pace with our current commitment to sexual equality and equal protection for all" and expressed broad agreement with the principles and objectives underlying the Bill. However, it raised technical concerns about the lack of precision in some of the revised definitions.

The Council raised particular concerns about the proposed definition of rape, which would include otherwise consensual intercourse between adults where one partner conceals the fact that he or she is infected with a life-threatening sexually transmissible disease. It noted that trust and open communication should be the hallmarks of all intimate relationships and affirmed the moral obligation on those infected with any sexually transmissible disease to disclose this fact to their sexual partners.

But the SACC also recognised that those who disclose their HIV+ status still face enormous social stigma. Imposing a legal obligation on people living with HIV to disclose their status to their partners could discourage people from being tested to determine their HIV status. "With the significant improvement in our capacity to manage the effects of HIV infection, most medical practitioners now encourage people to undergo testing so that they know their HIV status. The law should reinforce this message," the Council warned. This does not, however, imply that reckless endangerment should go unpunished or that a convicted sexual offender's HIV status should not be taken into account in sentencing.

The SACC expressed dismay at the Bill's lack of provision for survivors of rape and sexual assault. Noting that the Bill provides for drug or alcohol abuse treatment for sexual offenders, the Council called on government to ensure that rape survivors have a statutory right to counselling and medical treatment through the public health system, including access to post-exposure prophylaxis where appropriate.

For more information, contact Fr. Joe Mdhlela, 083 641 1281.