Schoolgirl did not admit to consensual sex: NPA

Thursday, November 18, 2010

Pretoria - The National Prosecuting Agency (NPA) has labeled as "purely speculative" reports that a 15-year-old Jules High School girl admitted to having consensual sex with two boys.

Media reports have inaccurately said the girl was charged with statutory rape and admitted to having consensual sex.

"That is speculative and mischievous," NPA spokesperson, Mthunzi Mhaga, said.

When the story broke earlier this month, the two boys - aged 14 and 16 - were accused of gang raping the girl on school premises while taking a video using a cell phone.

Mhaga confirmed to BuaNews that all three learners involved in the case, including the girl, have been charged with Consensual Sexual Penetration under the Sexual Offences Act. On Thursday, the girl appeared briefly in court where proceedings were held in camera.

Mhaga said after the magistrate considered a social worker report -- upon which both the prosecution and defence agreed -- the matter could be diverted from the criminal justice system.

"The three (the girl and two boys) are candidates of a diversion programme. The magistrate requested a report from a psychologist on a programme that is suitable for them," said Mhaga.

A final order will be made on 1 December when all three appear in court again.

They have been released into the care of their parents until then.