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Children under the age of 12, cannot be criminally prosecuted, but older persons can.
It can also be argued by the hands of Act 32 of 2007 that children under the age of 12, engaging in sexual activities with themselves (for example masturbation), is illegal as the act defines sex as any activity where sexual arousal or stimulation is induced, that includes (as per the act), by oneself.
The consent for sex between the ages of 12 and 16 has also been hotly debated in newspapers, social media and even a court of law, with no proposal or amendment to the current act to resolve the issue (by May 2014).Incest: “Family members engaging in sex with each other”. Section 13 of the Sexual Offences Act also prohibits sexual acts between humans and animals (‘bestiality’), regardless of age.Section 12 of the Sexual Offences Act, prohibits sexual acts between family members, regardless of age. One cannot consent to this type of sexual act, and is a criminally prosecutable offence, along with additional interpretations of the Animal Protection Act 71 of 1962.Consensual sex is also allowed between children where one is below 16 and the other one above 16, provided that the age difference between them is not more than two 2 years.For example a 17-year-old will be able to have consensual sex with a 15-year-old.