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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 7 : General Provisions

Part 2: Defences and sentencing, inability of children under 12 years and persons with mental disabilities to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction

57. Inability of children under 12 years and persons with mental disabilities to consent to sexual acts

[Section 57 Heading substituted by section 28(a) and 30(h) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

 

(1) Notwithstanding anything to the contrary in any law contained, a male or female person under the age of 12 years is incapable of consenting to a sexual act.

 

(2) Notwithstanding anything to the contrary in any law contained, a person with mental disabilities is incapable of consenting to a sexual act.

[Section 57(2) substituted by section 28(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]