TLDR version: A 16-year-old boy was charged with two counts of sexually penetrating a minor. One of these minors was a 14-year-old acquaintance and the other was his 15-year-old girlfriend who subsequently became pregnant.
He pleaded guilty in a district court but has yet to be sentenced. The judge has in the meantime called for reports on his suitability for probation and reformative training.
More thoughts: An offender under 16 years of age would generally be tried in the Youth Court, except for certain serious crimes. Young people tried in the Youth Court would not receive a jail term.
This age limit is stipulated in the Children and Young Person’s Act and is intended to be extended to 18 years eventually.
But since the age limit amendment has not come into effect as of now, anyone who is 16 years old or above, like this boy, would still be tried as an adult in the regular court system, and may be subject to the statutory penalty of up to 10 years’ imprisonment, fine or both.
However, the court may sentence him to probation or reformative training instead, which are rehabilitative types of sentencing meant for younger or first-time offenders.
Regardless of whether you’re in a relationship or have the consent of your girlfriend or boyfriend, any sexual activity with anyone below the age of 16 years old is illegal. There are even heavier penalties for sexual activity with anyone below the age of 14 years old.
Read more about the prohibition on underage sexual activity in Lex and Rex (The Race for Truth).