d. Unhindered access to sexual and reproductive health care by children below 16 years must be ensured but it must be provided and managed in such a way that children are protected from medical negligence and poor choices. Furthermore, these children must have access to redress – bearing in mind their legal incapacity to take legal action if unrepresented. Ultimately, it is an exercise in proportionality, and a fine balance must be struck that achieves greater and enhanced protection of children, and the advancement of their best interests, ensuring that children are educated to make well-informed decisions where parental guidance is lacking. The caution to be sounded is that simply attending to one facet of the issue while neglecting the rest may result in legal inconsistencies that would cause challenges down the line, in an age in which the discourse is to ensure harmonisation and consistency of laws and of the legal protection afforded to people. 9. SEXUAL INTERCOURSE INVOLVING TWO YOUNG PERSONS When it comes to consensual sexual intercourse involving two young persons, that is, young people between the ages of 12 and 16 years, our law takes the position that no criminal offence arises, based on a reading of the provisions of the Criminal Code. Defilement and statutory rape offences are unique in that there is consent, but nonetheless the statute creates an offence. The reason for that is to protect children from sexual exploitation by adults. When it is two children who engage in consensual sexual conduct, however, they are both victims of premature sex, and the question of exploitation may only arise in exceptional circumstances. In Zimbabwe, as with most jurisdictions in Africa, the legislation was silent on the treatment of young people who engage in consensual sexual activity with each other. Section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] did not in express terms address the question of what transpires when two young people between the ages of 12 and 16 years engage in a consensual sexual activity. However, the courts made a definitive pronouncement on the subject: a young person under the age of 16 years cannot be charged with “sexual intercourse or performing indecent acts with young persons” under section 70 of the Criminal Code where the complainant is above 12 years and has consented to the act. Where the act is non-consensual, however, such a young person will be charged with rape, aggravated indecent assault or indecent assault as the case may be, bearing in mind the criminal capacity of juveniles in sexual offences and for criminal offences generally. The seminal case on the subject is State v CF (A Juvenile) HH 143-11 before Justices Kudya and Chitakunye in the High Court. In that review matter, the court had to decide whether under section 70(1)(a) of the Criminal Code, a male young person can be competently convicted of engaging in extra-marital sexual intercourse with a female young person. In 18