23 shall be guilty of an offence. (2) . . . (3) Any female who – (a) has or attempts to have unlawful carnal intercourse with a boy under the age of 16 years; or (b) commits or attempts to commit with such a boy or with a girl under the age of 19 years an immoral or indecent act; or (c) solicits or entices such a boy or girl to the commission of an immoral or indecent act; shall be guilty of an offence.’ ‘Unlawful carnal intercourse’ is defined in s 1 of the Act as meaning ‘carnal intercourse otherwise than between husband and wife’. The prescribed penalty for an offence referred to in ss 14(1) or 14(3) is imprisonment for a period not exceeding 6 months, with or without a fine not exceeding R12 000 in addition to such imprisonment (s 22(f) of the Act). [55] It may be noted that, in terms of s 68(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, read with the Schedule to such Act, the whole of s 14 of the Sexual Offences Act is repealed. Moreover, in terms of s 68(1)(a), ‘[t]he common law relating to - (a) the irrebuttable presumption that a female person under the age of 12 years is incapable of consenting to sexual intercourse’ is also repealed. With the exception of Chapters 5 and 6 thereof, Act 32 of 2007 (the 2007 Act) came into operation on 16 December 2007 (see s 72(1)). [56] Part 1 of Chapter 3 of the 2007 Act, headed ‘Consensual sexual acts with certain children’ replaces the provisions of s 14 of the Sexual Offences Act of 1957. Part 1 comprises ss 15 and 16, which sections read as follows: ‘Acts of consensual sexual penetration with certain children (statutory rape) 15(1) A person (“A”) who commits an act of sexual penetration with a child (“B”) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child. (2)(a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the National Director of Public Prosecutions authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1). (b) The National Director of Public Prosecutions may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not. Acts of consensual sexual violation with certain children (statutory sexual assault)

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