Angry under-16s 'have law on kissing wrong'

The justice department says the so-called "kissing law" was never meant to police children but merely to protect them from sexual exploitation.

Since President Thabo Mbeki signed the Sexual Offences Act into law last month, there has been an outcry from teenagers on social networking website Facebook and in the media.

At issue is the fact that the Sexual Offences Act is so comprehensive in its detailed prohibitions that it has been taken to forbid kissing and cuddling by under-16s.

Tens of thousands of outraged teenagers have substantially increased Internet activity on Facebook relating to the law in the past two weeks.

A national event has also been created on Facebook, called "Kiss In Protest" which calls on all under-16s to gather at public places and take part in protest "kissathons".

But the department says the key issues have not been understood.

Justice Department spokesperson Zolile Nqayi said provided the age difference between a couple was less than two years, they would be unlikely to be prosecuted.

Nqayi said with an age difference of more than two years, both offenders could face prosecution, even if their sexual acts, including kissing, were consensual.

He said the department was aware of the protests but that they were not following it.

"People are entitled to voice their dissatisfaction in any way. The impression has been created that police will be going around and checking and telling people not to kiss but that is not the intention at all."

Nqayi added that police would not stop people from kissing and that in most cases action would only be taken if a parent laid a charge of sexual exploitation.

Nqayi said the sentence for being found guilty of a sexual offence could only be determined by the courts.

Numerous groups have been created on Facebook with the largest group, "Everyone against the New Kissing Law", boasting more than 17 000 members with an average of 1 000 new users joining every day.

The group was started on December 18 with 166 members on its first day.

Since then the number of people joining has increased at a rapid rate.

Fourteen-year-old Franki Murray, creator of the group, posted a note on the group's page last weekend saying the kissathon at Northgate Mall in Gauteng had gone well and reminded users of another event planned for Brightwater Common in Randburg today.

There seems to be no activity from Cape Town teenagers in public places.

The outcry from South African teenagers has grabbed the attention of overseas teenagers and media.
source: http://www.iol.co.za