AS the 16 days of activism against women and children campaign comes to a close today (Saturday) mothers have been cautioned against allowing their boyfriends from moving in with them prematurely.
This as Vuyolwethu Mnganisa from Khayelitsha stands accused of raping his girlfriend’s 15-year-old daughter. Mnganisa appeared at the Khayelitsha Magistrate’s Court earlier this week. His next court appearance is on December 14.
Social worker, Nozibele Ndunge warned single mothers to not allow their lovers to move in with them and their children
“Speaking to you now I am writing a report of a man who raped his own daughter. How much more a random man who has no relation to your child? It is very wise for mothers to not bring their boyfriend’s home.”
“Mothers must remain alert. Children should remain alert as well. They are being taught in schools to be vigilant about being touched. But they should remain alert. When young girls are being convinced to have sex, it is not their will. Sex cannot be negotiated.”
Legal practitioner, Khanya Gqada said statutory rape was defined in the Sexual Offences and Related Matter Amendment Act 32 of 2007.
“Section 3 of the Act describes a rapist as, “any person who unlawfully and intentionally commits an act of sexual penetration without the consent of that person.”
“Section 15 of the Act describes statutory rape just as section 3, however, children under 16 are deemed to be unable to consent to sexual intercourse. Therefore, if the perpetrator is 18 years old and the victim is 15 years old, and they have sexual intercourse, he 18-year-old may be found guilty of statutory rape despite the 15-year-old consenting to sexual intercourse.”
MEC for social development, Sharna Fernandez said where there are inappropriate relationships, particularly between adults and young girls, parents should step in. Some parents were loathe to report these cases to police because the children may say that it was consensual. However, minors under the age of 16 cannot consent to sex.
Fernandez said: “Therefore, it is statutory rape. Statutory rape is dealt with in terms of the Sexual Offences and Related Matter Amendment Act and the Child Justice Act. When cases go to trial DSD submits victim impact reports to the court. Probation reports in respect of the perpetrator are compiled on request of the State Prosecutor.”
“There are cases where very young girls fall pregnant, sometimes as a result of sexual abuse, and the perpetrator may be a close relative or live in the home. The department will step in and offer child protection services, which may mean temporary alternative safe care.”
Fernandez said there were support services rendered to the child concerned and the family. Temporary alternative care can also be with family or someone close to the child concerned.
“We are committed to safeguarding and promoting the well-being of children as well as building the resilience of families and communities to protect and care for them.”
For assistance on matters related to statutory rape contact:
Department of Social Development : 0800 220 250
Gender Based Violence Command Center: 0800 428 428
SAPS: 10111
Childline: 116
Child Welfare SA: 0861 424 453