• Children under the age of 12 are unable to consent to any sexual acts. Committing a sexual act with a child under the age of 12 years amounts to rape or sexual assault. For example, if Nomphelo is 10 years of age and Sipho, who is older than 18 years, engages in a sexual act with her, he has committed a sexual offence.
• Committing a sexual act with a child of 12 years of age or between the age of 12 and 16 years, with the child’s consent, amounts to the offence of ‘statutary rape’. For example, if Grace is 14 years of age and agrees to have sex with Vuyo, who is older than 18 years, Vuyo has committed a sexual offence.
• Committing a sexual act with a child of 12 years of age or between 12 and 16 years of age, without the child’s consent, amounts to rape or sexual assault. For example, if Tania is 13 years of age and Benjamin, who is older than 18 years, forces her to have sex with him, Benjamin has committed a sexual offence.
• Non-penetrative sexual acts (sexual violation) of a child of 12 years of age or between 12 and 16 years of age with the consent of the child amounts to the offence of having committed an act of consensual sexual violation of a child. For example, if Anne is 15 years of age and agrees to John, who is older than 18 years, touching her genital organs John has committed a sexual offence.
• The sexual violation of a child of 12 years of age or between the age of 12 and 16 years without the consent of the child amounts to rape or sexual assault. For example, if Farieda is 13 years of age and Abdul, who is older than 18 years, forcefully fondles her breasts, Abdul has committed a sexual offence.
• Children who are 16 years of age and older can consent to sexual acts. For example, if Zinzi is 16 years of age and agrees to have sex with Shuaib, who is 32 years of age, no sexual offence has been committed.

Therefore, any person who is 16 years of age or older can consent to a sexual act.