Which of these two consensual sex liaisons is illegal: two 16-year-olds or a 17-year-old and a 16-year-old?
If you don’t know the answer then it’s time to download a new phone app called The Naked Truth.
Complex sex laws have prompted the Law Society of SA to pitch a message to teenagers via the Q&A app designed for mobile phones and tablets.
Law Society President Morry Bailes said today the idea to develop “The Naked Truth” came after District Court Judges voiced concerns about teenagers getting entangled in the criminal justice system for naive but innocent behaviour.
“We have seen several teens in SA charged with unlawful sexual intercourse for having sex with their boyfriend or girlfriend,” Bailes said, referring to what are often called ‘Romeo and Juliet’ cases.
“The laws surrounding unlawful sexual intercourse are extremely complex, made even more confusing by the fact that the age of consent is not the same in each state.
“There are no laws that relate specially to sexting, but young people who engage in this activity could be committing a child pornography or indecent filming offence.
“Only last month a 21-year-old man was convicted of child pornography offences for taking consensual, semi-naked photos of his 16 – almost 17 – year-old girlfriend.
“According to the law, this man’s name has to be listed on the child sex offenders register.”
Bailes said the communications strategy aims to explain the law in simple terms.
The app contains plain English explanations of laws relating to unlawful sexual intercourse, child pornography, and indecent filming, and also features quizzes, case studies, and a guide to what can be done if unwanted images go viral.
“This app is not about scaring young people into changing their behaviour. We merely want to explain the laws in a simple, matter-of-fact way to help young people make informed decisions.
“It’s patently clear that many teenagers, and older people for that matter, don’t know what the legal boundaries are in terms of sexual behaviour and social media use.”
Launching the app today, Bailes added to his previous calls for changes to the law to catch up with new technology
“We’ve got to understand that technology is progressing at a rapid rate, and youth culture is moving along with it.
“We think it’s timely that the laws relating to age of consent and sexting are reviewed.
“They exist to protect vulnerable people from predatory behaviour, and this should always be the first priority, but the legislation is capturing people it never intended to.”
