What the law says about children who rape

It was reported this morning that an 8 year old girl was raped at the Rebontsheng Primary School in Vosloorus. It’s claimed that the people who raped her were a group of elder boys at the same school. It’s also understood that she was also abducted by the group of boys who are in Grade 6.

Stephen speaks to a Anne Skelton, Director at the Center for Child law about the legal ramifications for the boys (all under 14 years old) who raped the school girl in Vosloorus. She says that children under 14 years are presumed not have criminal capacity, however, if it can be proven that they do actually have criminal capacity (by individual assessment), they can be trialed as done with adults.

She says that, while they may not be jailed, as they are underage; they can be taken to a child and youth detention center.

This is a very serious crime and the facts of the case will be very determinative of what will actually happen.

Anne Skelton, Director at the Center for Child law

Listen to the conversation below:

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