Sexual Offence!

Is homosexual sex (sodomy) morally, medically or socially equivalent to heterosexual sex? Should the age of consent for homosexual acts be lowered from 19 to 16? A bill to be considered by Parliament equates sodomy to God-given sex and proposes lowering the age of consent for perverse sexual acts.

Background

South African law consists of a tangled web of constitutional law (relying on the 1996 Constitution), statutory law (created by Parliament), case law (decisions by the courts), common law (from the ancient Romans via the Dutch) and other influences. To sort out the mess that often results, “law reform” (modifying and consolidating the law into an Act of Parliament) is used. The South African Law Commission (SALC) investigates the matter as required, asking for public input, and then publishes a proposed law. Parliament then considers the proposed law, modifies it as required, and passes it to make it the law of the land.

Making Sexual Offences Offensive

Earlier this year, the SALC published their report on law reform for sexual offences. Despite our objections, the proposed bill very cleverly changes the definition of rape and sex (“an act of penetration”) to equate sodomy with natural sex. Using this sleight-of-hand, the age of consent for homosexual acts is lowered from 19 to 16.

Significance of Sex

Sex is not morally neutral. Those who continue to live in sexual immorality are guaranteed not to inherit the Kingdom of God (1 Corinthians 6:9-10). Homosexual acts are defined as perversion in Romans 1:27. Those who give themselves over to sexual immorality and perversions are active rebels against God’s design. The behaviour of the men of Sodom illustrates that when society left sexual perversion unchecked - or, even worse, endorsed it - righteous men and their families eventually had to flee, or be killed (Genesis 19).

The medical facts are clear that sodomy is not equivalent to natural sex. The anus was not designed for sex, and so bruising and tearing of the thin rectal wall is common. Sexual fluid also easily enters the bloodstream in this environment, efficiently transferring sexually transmitted diseases, as well as provoking auto-immune responses.

What’s Good about the Proposed Bill?

Currently, forced sodomy is classified as an “indecent act”. This category is very broad, and includes, for example, a man (with indecent intent) brushing a woman’s breasts as he walks past. Forced sodomy has traditionally not received penalties as heavy as those given for rape. Under the proposed law, forced sodomy will be treated as severely as rape, which is an improvement. However, the sentences will still fall far short of the Biblical model God sentenced the whole of Sodom and Gomorrah to death for their behaviour, and prescribes the death penalty for both parties to an act of consensual sodomy (Leviticus 20:13).

The proposed bill also defines as rape the non-disclosure of a life-threatening sexually transmitted disease, if there’s a significant risk of infection. This fills a gap in the current law, but the requirement for there to be a “significant risk of infection” is a broad loophole. In addition, extending the crime of rape in this way can confuse the general public, and decrease its seriousness.

What’s Bad about the Proposed Bill?

The only legally protected sex in the Bible is natural sex within marriage. All sex outside of marriage potentially imposes penalties on the participants. The proposed bill turns this upside down.

Sodomy is equated to natural sex.

Marriage is excluded as a defence against rape. However, the problem is not with marriage, but with the long divorce procedures and our justice system’s inadequate treatment of spousal assault.

Sixteen is given as the age of consent to natural sex and sodomy. Note that there is no age of consent in the Bible - sex is only allowed within marriage.

How to act

1. Bible study the issue and Pray

Rather than accepting the world’s pattern, we can renew our minds by studying what the Bible says on these issues. Then we can pray “Thy will be done, on earth as it is in Heaven” and look forward to how the Lord will answer these prayers.

2. Inform others

Unfortunately, many Christians need to be educated on the basic Biblical view of sex, perversion and the appropriate punishments for sex offences. Once you have done the research, speak to your friends, family and church. It is powerful to study what the Bible says about these matters with others.

3. Speak and Write

Non-Christians monopolise the media because Christians are silent. We need to make our views known by calling in to radio talk shows, writing letters to the editor and writing to the government.

You can write to the Minister of Justice and Constitutional Development, Mr. Penuell Maduna, at Private Bag X256, Cape Town, 8000. Please send a copy of your letter to the Chairman, Mr. Johnny de Lange, the Justice Portfolio Committee at PO Box 15, Cape Town, 8000. Express your concerns about the new Sexual Offences Act politely and clearly. Ask for a response to your specific questions.

4. Be ready to mobilise

We need to be ready to mobilise quickly. If you have e-mail, visit http://support.zonke.co.za/mailman/listinfo/christianaction to subscribe to our email group for the latest Christian action information - you can automatically unsubscribe anytime you want. Please write letters and come to protests when requested to. Encourage your friends to do so too.

5. Prepare the foundations to rebuild

The Constitution is against us. Sexual perversion is protected under “sexual orientation”, and we are unlikely to quickly see great victories on this issue. However, the important definitions “sex”, “family” and “right and wrong” are at stake, and it is imperative that we act. Will we allow the door to be opened for 16-year-olds to prostitute themselves to the sodomites without a fight?

Lot offered his daughters to the men of Sodom and had to flee the city anyway. Will we give away our families, hoping for peace and comfort in our time, or be strong and courageous and fight for them?

”... Remember the Lord, who is great and awesome, and fight for your brothers, your sons and your daughters, your wives and your homes.” Nehemiah 4:14

Jeanine McGill is the National Co-ordinator of Africa Christian Action.

By Jeanine McGill