Age of Consent in South Africa: What the Sexual Offences Act Says

South Africa's age of consent is set by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, usually called the Sexual Offences Act. This guide sets out what the Act says about consent and age, the close-in-age rules introduced in 2015, the Constitutional Court case that led to them, and how the National Register for Sex Offenders treats child offenders. It is factual information about the law only.

Information last verified on 25 October 2026 against the consolidated text of Act 32 of 2007 published by the Department of Justice and Constitutional Development (current to May 2025). This page provides general legal information and does not constitute legal advice in an individual case.

The Age of Consent Is 16

The Act does not use the phrase "age of consent". The rule comes from two sections:

• Section 15 ("statutory rape") makes it an offence to commit an act of sexual penetration with a child who is 12 or older but under 16, "despite the consent" of the child.
• Section 16 ("statutory sexual assault") applies the same rule to an act of sexual violation.

Both sections, in their current form, were substituted by Act 5 of 2015 with effect from 7 July 2015. A person aged 16 or older is outside sections 15 and 16, so a consensual act with a 16 or 17-year-old is not an offence on age alone. Other offences still protect under-18s, as explained below.

The Close-in-Age Exceptions

Sections 15(1) and 16(1) do not apply if, at the time of the act, the accused person was:

• (a) 12 years of age or older but under 16; or
• (b) either 16 or 17 years of age, and "the age difference between A and B was not more than two years."

Where the accused was 16 or 17 and the age difference was more than two years, the act can still be prosecuted, but sections 15(2)(a) and 16(2)(a) require the prosecution to be "authorised in writing by the Director of Public Prosecutions". The Director may delegate that power. This is a filter on whether a case goes ahead, not an automatic conviction.

Under 12: No Capacity to Consent

Section 57(1) provides that "a male or female person under the age of 12 years is incapable of consenting to a sexual act." Because a child under 12 cannot consent, a sexual act with that child is not treated as a consensual act under sections 15 and 16; it falls under the Act's offences of rape and sexual assault (sections 3 and 4).

The Mistaken-Age Defence

Section 56(2)(a) gives a narrow defence to a charge under sections 15 or 16. It applies only where the child "deceived the accused person into believing that he or she was 16 years or older", and the accused reasonably believed that. Section 56(3) removes the defence where the accused is related to the child within the prohibited degrees of blood, affinity or an adoptive relationship.

A second, broader defence that was in section 56(2)(b) was deleted by Act 5 of 2015.

Child Means Under 18

The Act defines a "child" as "a person under the age of 18 years". So while the age of consent for sections 15 and 16 is 16, other parts of the Act protect everyone under 18, whatever they agreed to:

• Sexual exploitation of children (section 17) covers engaging a child's services "with or without the consent" of the child, for financial or other reward, favour or compensation.
• Grooming (section 18), and the offences of exposing children to or using them for pornography (sections 19 to 20), also use the under-18 definition.

In short, a 16 or 17-year-old can consent for sections 15 and 16, but not to being exploited, groomed or used for pornography.

The Teddy Bear Clinic Case

The 2015 changes followed a Constitutional Court judgment. In Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another [2013] ZACC 35, decided on 3 October 2013, the Court declared sections 15 and 16 "inconsistent with the Constitution and invalid to the extent that they impose criminal liability on children under the age of 16 years."

The Court suspended its declaration for 18 months so that Parliament could correct the defect, and placed an immediate moratorium on investigations, arrests and prosecutions of children under 16 under sections 15 and 16 until Parliament acted.

Parliament responded with Act 5 of 2015, in force from 7 July 2015. It removed criminal liability where both people are 12 to 15, added the two-year rule for 16 and 17-year-olds, and replaced the earlier requirement of written authorisation, which could not be delegated, by the National Director of Public Prosecutions (section 15) or the relevant Director of Public Prosecutions (section 16) for any prosecution where both were children, with a Director of Public Prosecutions' written authorisation, which may be delegated, for a 16 or 17-year-old more than two years older than the child.

What Changed in 2022 (Act 13 of 2021)

The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 13 of 2021 was assented to in January 2022 and, according to the consolidated text of the Act, came into operation on 31 July 2022. It did not change the age of consent or the close-in-age rules in sections 15 and 16. Its main changes were:

• a new offence of sexual intimidation (section 14A);
• a wider framework for persons who are vulnerable, covering children, persons with mental disabilities and certain other groups in care or tuition, in place of the earlier "child or person with a mental disability" wording in Chapter 6;
• a substituted duty to report sexual offences against persons who are vulnerable (section 54); and
• an expanded National Register for Sex Offenders, which now covers persons convicted of any sexual offence, not only offences against children and persons with mental disabilities.

The Sex Offender Register and Child Offenders

Under section 50(2)(a), a court that convicts a person of a sexual offence must, in general, order that the person's particulars be included in the National Register for Sex Offenders. Registration affects, among other things, work with children and certain persons who are vulnerable, and fostering and adoption.

The position is different for an offender who was a child at the time of the offence. Section 50(2)(c) provides that the court "may not make an order" for registration unless all of these apply:

• the prosecutor has applied for it;
• the court has considered a report by a probation officer;
• the young offender has had the chance to address the court; and
• the court is satisfied that "substantial and compelling circumstances" exist.

The court must enter those circumstances on the record. Section 51 sets out when a registered person may apply for removal after set periods, and excludes removal for those sentenced to more than 18 months' imprisonment or convicted of two or more sexual offences; there are separate routes in section 51(2A) for persons who were children when the offence was committed.

Where to Get Help

If a child is at risk, report it to the SAPS or a social worker. For harassment or domestic abuse by someone in a domestic relationship, a protection order is a separate civil remedy. The family law section and the South Africa Laws hub link the wider site.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Frequently Asked Questions

What is the age of consent in South Africa?

It is 16. Sections 15 and 16 of the Sexual Offences Act make a sexual act with a child aged 12 to 15 an offence despite consent, subject to close-in-age exceptions.

Is it illegal for two 15-year-olds to have consensual sex in South Africa?

Not under sections 15 and 16. Since 7 July 2015, there is no offence under those sections where both people are aged 12 to 15, following the Teddy Bear Clinic judgment.

What is the close-in-age rule for 16 and 17-year-olds?

A 16 or 17-year-old commits no offence under sections 15 and 16 with a 12 to 15-year-old if the age difference is not more than two years. If the gap is larger, prosecution needs the written authorisation of the Director of Public Prosecutions.

Can a child under 12 consent?

No. Section 57 of the Act provides that a person under 12 is incapable of consenting to a sexual act.

Does the age of consent mean a 16-year-old is an adult under the Act?

No. The Act defines a child as anyone under 18. Offences such as sexual exploitation, grooming and child pornography protect under-18s whether or not they consent.

Did the 2022 amendments raise the age of consent?

No. Act 13 of 2021, in force from 31 July 2022, did not change sections 15 and 16. It created a sexual intimidation offence, a framework for persons who are vulnerable, and widened the sex offender register.

Are child offenders automatically placed on the sex offender register?

No. For an offender who was a child at the time, the court may order registration only on the prosecutor's application, after considering a probation officer's report and hearing the young person, and only if substantial and compelling circumstances exist.