This
contains UNCERTIFIED COPY for information/reference. For authentic
copy,
please refer to certified copy only. In case of any mistake,
please bring it to our notice.
| LegalB's Resources |
South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Criminal Law (Sexual Offences and
Related Matters) Amendment Act, No. 32 of 2007
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and except iro title/text/engrossments in the following sections: s_ (_/_/_)
Long title
To comprehensively and extensively review and amend all aspects of the laws and the implementation of the laws relating to sexual offences, and to deal with all legal aspects of or relating to sexual offences in a single statute, by repealing the common law offence of rape and replacing it with a new expanded statutory offence of rape, applicable to all forms of sexual penetration without consent, irrespective of gender; repealing the common law offence of indecent assault and replacing it with a new statutory offence of sexual assault, applicable to all forms of sexual violation without consent; creating new statutory offences relating to certain compelled acts of penetration or violation; creating new statutory offences, for adults, by criminalising the compelling or causing the witnessing of certain sexual conduct and certain parts of the human anatomy, the exposure or display of child pornography and the engaging of sexual services of an adult; repealing the common law offences of incest, bestiality and violation of a corpse, as far as such violation is of a sexual nature, and enacting corresponding new statutory offences; enacting comprehensive provisions dealing with the creation of certain new, expanded or amended sexual offences against children and persons who are mentally disabled, including offences relating to sexual exploitation or grooming, exposure to or display of pornography and the creation of child pornography, despite some of the offences being similar to offences created in respect of adults as the creation of these offences aims to address the particular vulnerability of children and persons who are mentally disabled in respect of sexual abuse or exploitation; eliminating the differentiation drawn between the age of consent for different consensual sexual acts; criminalising any attempt, conspiracy or incitement to commit a sexual offence; creating a duty to report sexual offences committed with or against children or persons who are mentally disabled; providing the South African Police Service with new investigative tools when investigating sexual offences or other offences involved the HIV status of the perpetrator; providing our courts with extra-territorial jurisdiction when hearing matters relating to sexual offences; providing certain services to certain victims of sexual offences, inter alia, to minimise or, as far as possible, eliminate secondary traumatisation, including affording a victim of certain sexual offences the right to require that the alleged perpetrator be tested for his or her HIV status and the right to receive Post Exposure Prophylaxis in certain circumstances; establishing and regulating a National Register for Sex Offenders; designating certain courts, where necessary, to deal with matters relating to sexual offences; further regulating procedures, defences and other evidentiary matters in the prosecution and adjudication of sexual offences; making provision for the adoption of a national policy framework regulating all matters in this Act, including the manner in which sexual offences and related matters must be dealt with uniformly, in a co-ordinated and sensitive manner, by all Government departments and institutions and the issuing of national instructions and directives to be followed by the law enforcement agencies, the national prosecuting authority and health care practitioners to guide the implementation, enforcement and administration of this Act in order to achieve the objects of the Act; and to provide for matters connected therewith.
[...amended by Act 2013_007_048_20130729 Sch]
[...amended by Act 2013_043_005_20140122]
[...amended by Act 2015_005_012_20150707]
Table of contents
Legislation Text Access Point
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and except iro title/text/engrossments in the following sections: s_ (_/_/_)
Long title
To comprehensively and extensively review and amend all aspects of the laws and the implementation of the laws relating to sexual offences, and to deal with all legal aspects of or relating to sexual offences in a single statute, by repealing the common law offence of rape and replacing it with a new expanded statutory offence of rape, applicable to all forms of sexual penetration without consent, irrespective of gender; repealing the common law offence of indecent assault and replacing it with a new statutory offence of sexual assault, applicable to all forms of sexual violation without consent; creating new statutory offences relating to certain compelled acts of penetration or violation; creating new statutory offences, for adults, by criminalising the compelling or causing the witnessing of certain sexual conduct and certain parts of the human anatomy, the exposure or display of child pornography and the engaging of sexual services of an adult; repealing the common law offences of incest, bestiality and violation of a corpse, as far as such violation is of a sexual nature, and enacting corresponding new statutory offences; enacting comprehensive provisions dealing with the creation of certain new, expanded or amended sexual offences against children and persons who are mentally disabled, including offences relating to sexual exploitation or grooming, exposure to or display of pornography and the creation of child pornography, despite some of the offences being similar to offences created in respect of adults as the creation of these offences aims to address the particular vulnerability of children and persons who are mentally disabled in respect of sexual abuse or exploitation; eliminating the differentiation drawn between the age of consent for different consensual sexual acts; criminalising any attempt, conspiracy or incitement to commit a sexual offence; creating a duty to report sexual offences committed with or against children or persons who are mentally disabled; providing the South African Police Service with new investigative tools when investigating sexual offences or other offences involved the HIV status of the perpetrator; providing our courts with extra-territorial jurisdiction when hearing matters relating to sexual offences; providing certain services to certain victims of sexual offences, inter alia, to minimise or, as far as possible, eliminate secondary traumatisation, including affording a victim of certain sexual offences the right to require that the alleged perpetrator be tested for his or her HIV status and the right to receive Post Exposure Prophylaxis in certain circumstances; establishing and regulating a National Register for Sex Offenders; designating certain courts, where necessary, to deal with matters relating to sexual offences; further regulating procedures, defences and other evidentiary matters in the prosecution and adjudication of sexual offences; making provision for the adoption of a national policy framework regulating all matters in this Act, including the manner in which sexual offences and related matters must be dealt with uniformly, in a co-ordinated and sensitive manner, by all Government departments and institutions and the issuing of national instructions and directives to be followed by the law enforcement agencies, the national prosecuting authority and health care practitioners to guide the implementation, enforcement and administration of this Act in order to achieve the objects of the Act; and to provide for matters connected therewith.
[...amended by Act 2013_007_048_20130729 Sch]
[...amended by Act 2013_043_005_20140122]
[...amended by Act 2015_005_012_20150707]
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| INDEX | |
| CHAPTER 1. DEFINITIONS AND OBJECTS | |
| 1. | Definitions and interpretation of Act |
| 2. | Objects |
| CHAPTER
2. SEXUAL OFFENCES |
|
| Part
1. Rape and compelled rape |
|
| 3. | Rape |
| 4. | Compelled
rape |
| Part
2. Sexual assault, compelled sexual assault and compelled self-sexual
assault |
|
| 5. | Sexual
assault |
| 6. | Compelled
sexual assault |
| 7. | Compelled
self-sexual assault |
| Part
3. Persons 18 years or older: Compelling or causing persons 18 years or
older to witness sexual offences, sexual acts or self- masturbation,
exposure or display of or causing exposure or display of genital
organs, anus or female breasts("flashing"), child pornography to
persons 18 years or older or engaging sexual services of persons 18
years or older |
|
| 8. | Compelling
or causing persons 18 years or older to witness a sexual offences,
sexual acts or self-masturbation |
| 9. | Exposure
or display of or causing exposure or display of genital
organs, anus or female breasts to persons 18 years or older ("flashing") |
| 10. | Exposure
or display of or causing exposure or display of child pornography to
persons 18 years or older |
| 11. | Engaging sexual services of persons 18 years or older |
| Part 3A. Persons 18 years or older: Harmful disclosure of pornography and orders to protect complainant against harmful effects of disclosure of pornography [... inserted by Act 2020_019_058_20210601 Sch] | |
| 11A | Harmful disclosure of pornography [... inserted by Act 2020_019_058_20210601 Sch] |
| 11B. | Orders to protect complainant against harmful disclosure of pornography pending finalisation of criminal proceedings [... inserted by Act 2020_019_058_20210601 Sch] |
| 11C. | Electronic communications service provider to furnish particulars to court [... inserted by Act 2020_019_058_20210601 Sch] |
| 11D. | Orders on finalisation of criminal proceedings [... inserted by Act 2020_019_058_20210601 Sch] |
| . | Part 4. Incest, bestiality and sexual acts with corpse |
| 12. | Incest |
| 13. | Bestiality |
| 14. | Sexual
act with corpse |
| Part 5. Sexual intimidation [... inserted by Act 2021_013_005_20220128] | |
| 14A. | Sexual intimidation [... inserted by Act 2021_013_005_20220128] |
| CHAPTER
3. SEXUAL OFFENCES AGAINST CHILDREN |
|
| Part
1. Consensual sexual acts with certain children |
|
| 15. | Acts
of consensual sexual penetration with certain children (statutory rape) |
| 16. | Acts
of consensual sexual violation with certain children (statutory sexual
assault) |
| Part 2. Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography or pornography to children, offences relating to child pornography and using children for pornographic purposes or benefiting from child pornography [... Title amended by Act 2020_019_058_20210601 Sch - was "Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography or pornography to children, and using children for pornographic purposes or benefiting from child pornography"] | |
| 17. | Sexual
exploitation of children |
| 18. | Sexual
grooming of children |
| 19. | Exposure
or display of or causing exposure or display of child pornography or
pornography to children |
| 19A. | Offences relating to child pornography [... inserted by Act 2020_019_058_20210601 Sch] |
| 20. | Using children for or benefiting from child pornography |
| Part
3. Compelling or causing children to witness sexual offences, sexual
acts or self-masturbation and exposure or display of or causing
exposure or display of genital organs, anus or female breasts
("flashing") to children |
|
| 21. | Compelling
or causing children to witness sexual offences, sexual acts or
self-masturbation |
| 22. | Exposure
or display of or causing exposure or display of genital organs, anus or
female breasts to children ("flashing") |
| CHAPTER 4. SEXUAL OFFENCES AGAINST PERSONS WITH MENTAL DISABILITIES [... Title amended by Act 2021_013_006_20220128 - was entitled "CHAPTER 4. SEXUAL OFFENCES AGAINST PERSONS WHO ARE MENTALLY DISABLED"] | |
| 23. | Sexual exploitation of persons withmental disabilities [... Title amended by Act 2021_013_007_20220128 - was entitled "Sexual exploitation of persons who are mentally disabled"] |
| 24. | Sexual grooming of persons with mental disabilities [... Title amended by Act 2021_013_008_20220128 - was entitled "Sexual grooming of persons who are mentally disabled"] |
| 25. | Exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities [... Title amended by Act 2021_013_009_20220128 - was entitled "Exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled"] |
| 26. | Using persons with mental disabilities for pornographic purposes or benefiting therefrom [... Title amended by Act 2021_013_010_20220128 - was entitled "Using persons who are mentally disabled for pornographic purposes or benefiting therefrom"] |
| CHAPTER
5. SERVICES FOR VICTIMS OF SEXUAL OFFENCES AND COMPULSORY HIV TESTING
OF ALLEGED SEX OFFENDERS |
|
| Part
1. Definitions and services for victims of sexual offences |
|
| 27. | Definitions |
| 28. | Services
for victims relating to Post Exposure Prophylaxis and compulsory HIV
testing of alleged sex offenders |
| 29. | Designation
of public health establishments for purposes of providing
Post Exposure Prophylaxis and carrying out compulsory HIV testing |
| Part
2. Application for compulsory HIV testing of alleged sex offender by
victim |
|
| 30. | Application by victim or interested person for HIV testing of alleged sex offender |
| 31. | Consideration of application by magistrate and issuing of order |
| Part
3. Application for compulsory HIV testing of alleged offender by
investigating officer |
|
| 32. | Application
by investigating officer for HIV testing of alleged offender |
| Part
4. Execution of orders for compulsory HIV testing and results of HIV
tests |
|
| 33. | Execution
of order and issuing of warrant of arrest |
| 34. | Use
of results of HIV tests |
| Part
5. Miscellaneous |
|
| 35. | Register
of applications and orders |
| 36. | Confidentiality
of outcome of application |
| 37. | Confidentiality
of HIV test results obtained |
| 38. | Offences and penalties |
| 39. | Regulations |
| CHAPTER
6. NATIONAL REGISTER FOR SEX OFFENDERS |
|
| 40. | Definitions |
| 41. | Prohibition on certain types of employment by certain persons who have committed sexual offences [... Title amended by Act 2021_013_013_20220128 - was entitled "Prohibition on certain types of employment by certain persons who have committed sexual offences against children and persons who are mentally disabled"] |
| 42. | Establishment
of National Register for Sex Offenders and designation of Registrar of
Register |
| 43. | Objects
of Register |
| 44. | Persons
entitled to apply for certificate |
| 44A. | Enquiries
for purposes of expungement applications in terms of Criminal Procedure
Act, 1977 [...inserted
by Act 2013_042_032_20140122] |
| 44B. | Access to Register by National Commissioner of South African Police Service [... inserted by Act 2021_013_017_20220128] |
| 45. | Obligations of
employers in respect
of employees |
| 46. | Obligations of
employees |
| 47. | Obligations in
respect of licence
applications |
| 48. | Obligations in
respect of
applications for
fostering, kinship
care-giving, temporary safe care-giving, adoption of children or
curatorship |
| 49. | Contents of Register |
| 50. | Persons whose names must be included in Register and related matters |
| 51. | Removal of
particulars from Register |
| 52. | Confidentiality
and disclosure of
information |
| 53. | Regulations
pertaining to Register |
| CHAPTER
7. GENERAL PROVISIONS |
|
| Part
1. Miscellaneous offences: Obligation to report commission of sexual
offences against children or persons who are mentally disabled and
attempt, conspiracy, incitement or inducing another person to commit
sexual offence |
|
| 54. | Obligation to report commission of sexual offences against persons who are vulnerable [... Title amended by Act 2021_013_026_20220128 - was entitled "Obligation to report commission of sexual offences against children or persons who are mentally disabled"] |
| 55. | Attempt,
conspiracy, incitement or
inducing
another person to commit sexual offence |
| Part 1A. Sexual offences courts [...Title inserted by Act 2013_043_001_20140122] | |
| 55A. | Designation of
sexual offences courts [...inserted by Act
2013_043_001_20140122] |
| Part
2. Defences and sentencing, inability of children under 12 years and
persons who are mentally disabled to consent to sexual acts, other
evidentiary matters and extra-territorial jurisdiction |
|
| 56. | Defences [...was entitled
"Defences and sentencing"] |
| 56A. | Sentencing [...inserted by Act
2012_006_005] |
| 57. | Inability of
children under 12 years
and persons
who are mentally disabled to consent to sexual acts |
| 58. | Evidence of
previous consistent
statements |
| 59. | Evidence of delay in reporting |
| 60. | Court may not treat evidence of complainant with caution on account of nature of offence |
| 61. | Extra-territorial
jurisdiction |
| Part
3. National policy framework |
|
| 62. | National
policy framework |
| 63. | Establishment
of Inter-sectoral
Committee |
| 64. | Meetings of
Committee |
| 65. | Responsibilities,
functions and
duties of Committee |
| Part
4. National instructions and directives, regulations and repeal and
amendment of laws |
|
| 66. | National
instructions and directives |
| 67. | Regulations |
| 68. | Repeal and
amendment of laws |
| Part
5. Transitional provisions |
|
| 69. | Transitional
provisions |
| 69A. | Removal of
particulars from Register and expungement of certain criminal records under the Sexual Offences Act, 1957, and this Act [...inserted by Act 2015_005_011_20150707] |
| Part 6.
Transitional provisions
relating to
trafficking in persons for sexual purposes |
|
| 70. | Application
and interpretation |
| 71. | Trafficking in
persons for sexual
purposes |
| 72. | Short title
and commencement |
| Sch. | SCHEDULE. LAWS AMENDED OR REPEALED BY SECTION 68 [s68] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
Access Official Gazette PDF | Request Subscription Fee | Subscriber Access |
| As unamended Act 2007_032_000_20071214 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2008_066_000_20090217 . | N/A | REQ.INFO | LINK |
| As amended by Act 2012_006_000_20120626 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_007_000_20130729 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_042_000_20140122 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_043_000_20140122 . | N/A | REQ.INFO | LINK |
| As amended by Act 2015_005_000_20150707 . | N/A | REQ.INFO | LINK |
| As amended by Act 2015_024_000_20160108 . | N/A | REQ.INFO | LINK |
| As amended by Act 2017_008_000_20170802 . | N/A | REQ.INFO | LINK |
| As amended by Act 2020_019_000_20210601 . | N/A | REQ.INFO | LINK |
| As amended by Act 2021_013_000_20220128 . | N/A | REQ.INFO | LINK |
As if amended by Bill B2023_007B_000_00000000 . | N/A | REQ.INFO | LINK |
| As amended by Act 2023_015_000_20240403 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
* LegalB
refers to a "version" of an Act or its sections in the format "YYYY_NNN_SSS_YYYYMMDD",
which
refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE",
and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face
of the Gazette in which either the Act was
originally published or in which the amending,
lapsing or repealing instrument was published. Where any segment of the
reference string contains only zeros, it means that information is not
relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.