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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007

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]
11AHarmful 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]

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