The Jules High case

THE Constitutional Court in its judgment referred to the Jules High School case where a girl, who had sex with two boys, committed suicide last year.

The boys and the deceased were investigated and prosecuted under Section 15 of the Sexual Offences Act.

The court heard from counsel acting for the national directorate of public prosecutions that the boys were arrested outside the school. The directorate had decided to charge the girl because she had “willingly sneaked out of the school yard to engage in consensual sex with the boys”.

Their peers were aware of what had transpired and the media dubbed the boys “gang rapists”.

The families of the three pupils were deeply ashamed.

Judge Khampepe said an individual’s dignity comprised not only how he or she valued himself or herself, but also included how others valued him or her.

“When that individual is publicly exposed to criminal investigation and prosecution, it is almost invariable that doubt will be thrown upon the good opinion his or her peers may have of him or her.

“In this regard, consideration of the Jules High School case is instructive. I fail to see how, having admitted that Section 15 was implemented against the three learners in full view of the public, and having acknowledged the resultant exposure and trauma these learners suffered, the respondents can possibly claim that the impugned provisions do not lead to the shaming and stigmatisation of adolescents.”