its all relative, or is it?


I am a little concerned about the Jules High School rape charges ( that first were and then were dropped and then morphed into statutory rape charges) and thing is I can’t even pin my finger on the exact issue.

By way of background, the 15 year old female student allegedly claimed that she had been drugged and then raped by a group of boys. Turned out later that they were only two, as later that week two boys were arrested and then the charges dropped following lack of evidence. This is despite the fact that the video of the same act, had gone viral in the school and was allegedly available online for a mere R10 (1.4245 USD).  Now, this post is not even profound and I might even totally miss the entire argument and all the nuanced thoughts and arguments that might relate to these events. My main issue is why there are any charges to bring before the court, at all. I guess this closely relates to a question I came across earlier this week, asking when the best time is to have your first sexual encounter.  As I said, it is a multi-faceted issue and I might then stick to the Jules High incident entirely and leave you to ponder the second question.

I guess arguments are made that at 14 and 16 (the boys) and 15, the girl, these kids are primarily in school to study and nothing, or little, else that does not directly relate to this. Maybe, the real issue is the shock that we all feel that these kids had the time and the energy even to apply themselves to organising and following through which such an act during school hours. But whose problem is that? Is it the education system that has failed the students, their parents even (I am sure some people are pointing fingers and snickering) or who should be at blame here?

If they are all minors and it’s consensual, is it still a criminal offense that warrants such hype and expense at the court. If two “minors” are having consensual sex, is it wrong? And while it might be ethically or morally wrong, are there any grounds to take them before a Court of Law and charge them? Apparently the Law says that minors cannot actually consent to having sex as legally, they are not entitled to and going by Contract Law, any contractual arrangement they enter into (including sex) is voided. Does this mean that it does not matter if they are both minors and intercourse results out of their misguided agreement?

I admit, I might have missed it entirely and you might shed some light on the same.

UPDATE:  The case was later dropped and the students will be rehabilitated instead.

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