(a)penetrates, with A’s penis, if A is a man, the vagina, anus or mouth, as the case may be, of B;
Section history
Section 376AA — Exploitative sexual penetration of minor of or above 16 but below 18 years of age
As in force on 28 July 2023.
Timeline 2 versions
- 1 January 2020 Act 15 of 2019
- 28 July 2023 You are here
- 17 August 2026 Latest
(1)Any person (A) who is in a relationship that is exploitative of a person of or above 16 years of age but below 18 years of age (B) shall be guilty of an offence if A —
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of B;
(c)causes B, if a man, to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d)causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of any person including A or B.
(2)For the purposes of subsection (1) —
(a)it is not necessary for the prosecution to prove that B did or did not consent to the act mentioned in that subsection; and
(b)to avoid doubt, it is not a defence that B did consent to that act.
(3)A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.