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- A recently published report estimates that 21 million girls aged 15–19 years in developing countries become pregnant and about 12 million of them give birth every year
- South Africa recorded increased rates of teenage pregnancies with more than 23 000 girls under the age of 18 falling pregnant in the past year (30% higher than the annual average)
- There are 1 300 new cases of HIV in adolescent girls every week in the country
Given the health resources that have had to be used due to the pandemic, the increased numbers of teen pregnancies poses a problem for South Africa's fragile healthcare system.
The majority of teen pregnancies come from poor and low-income backgrounds, and these girls already face environmental challenges, further aggravated by the lack of structure caused by the interruption of the school year.
Additionally, these girls are further disadvantaged by the lack of knowledge surrounding their legal rights when faced with issues of sexual abuse or sexual misconduct.
ALSO SEE | Teen pregnancy up by 60% during the pandemic: SA NGO says teens need to be 'empowered to stay safe'
What does the law say?
The South African Constitution, widely regarded as the best in the world, heavily protects the rights of children. This is evidenced by the fact that our Constitution dedicates a whole section, Section 28, to children. As such, sexual acts against children offend this particular provision.
Furthermore, legislation and common law also safeguard the interests and well-being of children.
The Children’s Act specifically states that one of its objectives is to protect children from any physical, emotional or moral harm or hazards, including the protection of children from exposure to sexual acts.
The Sexual Offences and Related Matters Act has a whole chapter, Chapter 3, dedicated to sexual offences against children.
Sexual offences such as rape, compelled rape, sexual assault, compelled sexual assault, incest, statutory rape and statutory sexual assault are punishable by law and under circumstances wherein a minor is infected with sexual diseases, charges of attempted murder may be imposed.
Awareness, to hold perpetrators to account
Though the success of a claim is dependant on a variety of factors, the victim may claim for the natural heads of damages such as medical expenses, expenses incurred in connection with the pregnancy or sexual act or general damages such as suffering, loss or physical and mental impairments.
Additionally, depending on the circumstances surrounding the teen pregnancy, it is advisable to consider trauma counselling and collaboration with other stakeholders such as the South African Police Service.
There needs to be an awareness of these laws and their enforcement, not only to keep children safe from predatory behaviour, but to hold perpetrators to account.
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