In South Africa, the age of consent for sex is 16 years old. Engaging in sexual activity with someone under the age of 16 is considered statutory rape, even if the minor consents as defined under the law that applies to adults.
In December 2021, South Africa’s Department of Basic Education introduced a policy aimed at reducing the country’s high rates of teenage pregnancy and sexual exploitation. It requires educators to report cases where older sexual partners impregnate learners under 16 years of age.
We are researchers in sexual and reproductive health who have been working on a decade-long community engagement project focused on improving HIV prevention and related challenges among learners. The project is in the Vhembe district of Limpopo province, South Africa, bordering Zimbabwe. Sexual health practices among young people here remain a pressing concern, due to high rates of unprotected sex, sexually transmitted infections, HIV and unplanned pregnancies.
As part of the project, we conducted a study of the statutory rape reporting policy for schools. It showed a disconnect between the policy’s intent and implementation. We found that some rural teachers were unaware of the policy, were not sure what they were supposed to do, or faced cultural, social and systemic barriers that left them feeling powerless to act.
The result is that the child protection law is failing the learners it was designed to safeguard.
Because teachers are often some of the first adults to become aware of statutory rape cases, it’s crucial to equip them to deal with disclosures appropriately, navigate reporting protocols confidently, and engage support systems effectively and help prevent future sexual abuse of learners.
Lack of awareness of policy
Our research was conducted at eight public primary and high schools in the Soutpansberg North school circuit of Limpopo. All the schools are in rural, under-resourced and poor communities. There is a high number of HIV infections and unplanned teenage pregnancies in the schools where the study was conducted. The true incidence rate of rape is different because it’s not always reported.
We engaged 19 educators (16 of them female) through group discussions.
Teachers expressed confusion and frustration over the lack of formal communication and training on the statutory rape reporting policy. Some were unaware that such a policy existed. One admitted:
Honestly, I wasn’t even aware that we had a policy on statutory rape. It’s not something we’ve ever discussed in our school.
Another teacher said:
I know there’s a policy, but I’m unsure where to find it or exactly what it says. As educators, we need to be informed about policies, but it feels like no one communicates them effectively to us.
Cultural and socioeconomic barriers
Beyond a lack of awareness, the discussions suggested that socio-cultural norms hinder the implementation of the statutory rape policy in rural areas.
The study highlighted that intergenerational relationships are normalised in some rural communities. In these cases, families may depend financially on the older male partner, making them reluctant to report such relationships as criminal offences.
In some cases, families tacitly support relationships between young girls and older men in exchange for financial support, making such arrangements difficult to challenge.
A participant shared:
It’s difficult because some parents tolerate these relationships as normal and support their kids to sleep with older men, who in turn provide for the family.
Teachers encounter immense social pressure when faced with statutory rape cases. In tight-knit rural communities, reporting a case could mean accusing a neighbour, relative, or local authority figure. This creates a moral dilemma for educators who want to protect learners but fear community backlash.
As one participant put it:
If I report it, they might turn against us.
These socio-cultural dynamics create a culture of silence that protects perpetrators rather than victims.
What’s missing
The study also found that a lack of training on statutory rape policies is a barrier to effective implementation. Teachers reported feeling unprepared to handle the legal and emotional complexities of reporting statutory rape cases.
There’s been no training at all. We hear about the policy, but they don’t teach us how to implement it or what steps to take if something happens.
Another teacher added:
There is no formal memo from the circuit office and from our school governing body meetings; it was never introduced as an agenda item.
The absence of confidential reporting mechanisms further complicates the situation. Teachers fear that reporting cases could lead to retaliation from the community or even threats to their safety. The lack of a standardised anonymous reporting system leaves teachers feeling vulnerable and unsupported.
Teachers indicated that fear of community backlash led them to prioritise managing learner pregnancies over investigating potential rape cases. Some said it was the parents’ responsibility to report rape.
Proposed solutions
We recommend a few ways to improve reporting of statutory rape:
Mandatory training for educators: The education department should ensure that all teachers understand their legal obligations and know how to navigate reporting procedures.
Confidential reporting systems: Establishing secure and anonymous reporting channels.
Community awareness campaigns: Programmes to help shift harmful cultural norms and make it easier to report statutory rape. Campaigns should emphasise the importance of protecting minors and the legal consequences of statutory rape.
Interdisciplinary support networks: Schools should collaborate with social workers, legal professionals, and mental health experts to provide educators with the support and resources needed to handle statutory rape cases.
Bridging the gap between South Africa’s statutory rape policy and what actually happens in rural areas is a social justice imperative that affects the most vulnerable members of society.
