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All rightsSafety & protection

Sexual violence and defilement

Under 18, you cannot legally consent to sex. Any sexual act with a girl under 18 is defilement, which is a crime, even if she did not resist or said yes.

An adult hand holding a small child’s hand

What usually happens

The first 72 hours decide what medical evidence will exist at all: PEP, emergency contraception and the P3 form. Reporting is free, and an officer of the same sex should take your statement with a trusted adult present.

The law that protects you

Sexual Offences Act, 2006, ss. 3, 8, 9
Rape and defilement are crimes. A child's agreement is never a defence, and neither is marriage.
Constitution, Arts. 28 and 29
You have a right to dignity, and to freedom and security of the person.
Victim Protection Act, 2014
Victims of crime have a right to protection, information and support through the case.

What you can do

  1. 1.

    Go to a hospital as fast as you can. Within 72 hours you can get medicine that lowers the risk of HIV (PEP) and of pregnancy.

  2. 2.

    Ask for the P3 form. It is free at public hospitals and is the medical evidence the police and the court need.

  3. 3.

    If you can, do not bathe or change clothes before the examination, and keep what you wore in a paper bag.

  4. 4.

    Report at a police station or a police gender desk. You have a right to be interviewed by an officer of the same sex, with a trusted adult present.

  5. 5.

    Ask for counselling and follow-up: 1195 and 116 are free, day and night.

If you are refused

If an officer refuses to record your report, asks for money, or tells you to settle it at home, that is misconduct. Ask for the Occurrence Book (OB) number, note the officer's name and number, and complain to the station commander, IPOA, or the Office of the Director of Public Prosecutions.