Lynette is a 14-year-old girl who is involved in a consensual sexual relationship with Mr Bruwwer, a 45-year-old man. Both claim that they are in love and that the relationship is consensual. Lynette’s mother is aware of the relationship and does not object to it. Lynette later falls pregnant. During a medical consultation, the doctor asks about the father of the child. Upon learning that Mr Bruwwer is 45 years old, the doctor reports the matter to the South African Police Service. Mr Bruwwer is subsequently charged under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Can Mr Bruwwer be charged with any offence?

Question

Answer

Mr Bruwwer is not guilty of any offence because the relationship was consensual and approved by Lynette’s mother, and the doctor acted unlawfully in reporting the matter.

Answer

Mr Bruwwer is only guilty if the State proves that he forced Lynette into the relationship, and the doctor’s report is irrelevant to the legality of the conduct.

Answer

Mr Bruwwer is not guilty because the pregnancy indicates a genuine relationship, and the doctor breached confidentiality by reporting the matter.

Answer

Mr Bruwwer is guilty of statutory rape because Lynette is under the age of 16, and neither her consent nor her mother’s approval is legally valid; the doctor was entitled to report the matter.

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Lynette is a 14-year-old girl who is involved in a consensual sexual relationshi...

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