The mandatory reporting of consensual, underage sex: knowledge, practices and perspectives of social workers in KwaZulu-Natal
SOURCE: South African Journal of Bioethics and Law
OUTPUT TYPE: Journal Article
PUBLICATION YEAR: 2015
TITLE AUTHOR(S): Z.Essack, A.Strode
KEYWORDS: KWAZULU-NATAL PROVINCE, RISK BEHAVIOUR, SEXUAL BEHAVIOUR, SEXUAL OFFENCES ACT, SOCIAL SERVICES, SOCIAL WORKERS, UNDERAGED SEX
DEPARTMENT: Public Health, Societies and Belonging (HSC)
Print: HSRC Library: shelf number 9072
HANDLE: 20.500.11910/9390
URI: http://hdl.handle.net/20.500.11910/9390
OUTPUT TYPE: Journal Article
PUBLICATION YEAR: 2015
TITLE AUTHOR(S): Z.Essack, A.Strode
KEYWORDS: KWAZULU-NATAL PROVINCE, RISK BEHAVIOUR, SEXUAL BEHAVIOUR, SEXUAL OFFENCES ACT, SOCIAL SERVICES, SOCIAL WORKERS, UNDERAGED SEX
DEPARTMENT: Public Health, Societies and Belonging (HSC)
Print: HSRC Library: shelf number 9072
HANDLE: 20.500.11910/9390
URI: http://hdl.handle.net/20.500.11910/9390
If you would like to obtain a copy of this Research Output, please contact Hanlie Baudin at researchoutputs@hsrc.ac.za.
Abstract
Until recently, any sex or sexual activity with a person under the age of 16 was criminalised, regardless of consent. All such incidents were considered criminal offences and needed to be reported to the police. This paper explores the knowledge, practices and perspectives of seventeen social workers in KwaZulu-Natal in relation to their mandatory reporting responsibilities on consensual underage sex. All social workers were clear about their reporting responsibilities regarding child abuse and non-consensual underage sex. However, findings suggest that social workers were less clear on the exact circumstances in which they ought to report consensual underage sex. Most participants indicated that they would make individual assessments about when to report underage consensual sex and sexual activity. Such decisions would be influenced by structural factors, the personal circumstances of affected children and the availability of other interventions to address early sexual activity. This study has shown that social workers are struggling to comply with mandatory reporting responsibilities involving underage consensual sex. Most social workers approach reporting of consensual sex and sexual activity differently to other reporting responsibilities and use a case-by-case approach. Given these findings, it is argued that parliament should consider reforming mandatory reporting provisions so that there is a distinction between the obligation to report consensual and non-consensual sexual offences against children. The mandatory obligation to report non-consensual sexual offences against children should remain but the obligation to report consensual sex or sexual activity should be discretionary and depend on the facts of each case.-
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