Die status van fiksies in ’n regstaat: opmerkinge oor ouderdomsgrense en die kind as dader en slagoffer in die strafreg

Abstract

In the first instance, the origin of age limits in determining criminal liability and also in answering the question whether a child is a victim of a specific (sexual) crime is investigated. Secondly, the development by our courts and legislature of these rules concerning age limits in criminal law are scrutinised. Reference is made throughout to the position in other legal systems. Thereupon, the necessity of age limits in this regard is analysed and evaluated from a rational, constitutional and a general justice point of view. Rigid and unchangeable age limits are pointed out as being fictitious and are rejected as being in conflict with basic principles of rationality and constitutionality as well as general principles of justice.