P a g e | 19 criminally responsible unless proven otherwise. The difficulty is that this is not in line with the African Charter and is yet the most utilised of the legislation amongst prosecutors. Some prosecutors in the more remote Districts have never seen a copy of the CPW Act, so still utilise the outdated provisions of the Penal Code. The Sexual Offences Act (2003) has varying definitions of “child” depending on its Parts. For the purposes of Part III Offences Against Children (e.g. child molestation) a child is under sixteen (16) years and for purposes of Part IV (Commercial Sexual Exploitation of a Child) a child is under eighteen (18) years. Sexual Offences Act makes it an offence for a person to have sexual contact of any kind with a child below the age of twelve (12) years. At such an age a child is deemed to have no capacity to consent. A child over the age of twelve (12) years is able to consent to sexual activity provided the other person is also over the age of twelve (12) years. The exception to this is where there is an element of coercion or exploitation in which case consent will be no defense. Political Definition The political age of a person in Lesotho under the General Election Act (2007) is eighteen (18) years. That is, a child is anyone under that age and can therefore not vote. The Education Act (2010) makes schooling compulsory between six (6) and thirteen (13) years. Medical Definition Children twelve (12) years or older can consent to medical treatment provided they have the mental capacity to appreciate the benefits and risks of the proposed treatment. Practically the HIV Testing and Counseling Policy allows children of twelve (12) years and above to choose for themselves whether to be tested for HIV, without the need for parental consent. Difficulties Harmonisation is urgently needed between the legislation and policies in different sectors. This recommendation was made in the National Strategic Plan for VC 20122017. The pertinent Ministries must urgently advocate for relevant amendments. The subsequent consideration of the amendments by the Parliament also needs a high degree of expediency.