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''Geldenhuys v National Director of Public Prosecutions and Others'' is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for heterosexual sex. ==Background== Section 14(1) of the Sexual Offences Act, 1957, as amended in 1969 and 1988, read as follows:
Section 14(3), added in 1988, contained a mirror provision with the genders inverted. The effect of these sections was to fix the age of consent at 16 for heterosexual sex and 19 for homosexual sex. The Interim Constitution of South Africa, which came into force in 1994, contained a provision prohibiting discrimination on the basis of sexual orientation, and this provision was preserved in the final Constitution of South Africa, which came into force in 1997. In 1998, in the case of ''National Coalition for Gay and Lesbian Equality v Minister of Justice'', the Constitutional Court struck down as unconstitutional the laws prohibiting consensual sex between men, based on the prohibition of discrimination and the right to privacy. That case did not address the unequal age of consent, although in his judgment Justice Ackermann took note of it without commenting on its constitutionality. In 2007 Parliament enacted the Criminal Law (Sexual Offences and Related Matters) Amendment Act, which codified and reformed the law on sexual offences. It repealed section 14 of the Sexual Offences Act, and fixed a uniform age of consent of 16. This reform did not, however, have retrospective effect. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Geldenhuys v National Director of Public Prosecutions」の詳細全文を読む スポンサード リンク
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