<P> The age of consent in South Africa is 16 , as specified by sections 15 and 16 of the Criminal Law ( Sexual Offences and Related Matters ) Amendment Act , 2007 . Section 15 ( `` statutory rape '' ) prohibits the commission of `` an act of sexual penetration with a child who is 12 years of age or older but under the age of 16 years '' , while section 16 ( `` statutory sexual assault '' ) prohibits the commission of `` an act of sexual violation with a child who is 12 years of age or older but under the age of 16 years '' . The law includes a close - in - age exception , so that sexual acts between two children where both are between 12 and 16 , or where one is under 16 and the other is less than two years older , are not criminal . Children under the age of 12 are conclusively presumed by the law to be incapable of consenting , so a sexual act with a child under that age constitutes rape or sexual assault . </P>
what age is statutory rape in south africa
12 years of age or older but under the age of 16 years