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13 December 2007

The Department of Justice and Constitutional Development strongly believes that the imminent operationalisation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, or the Sexual Offences Act, will help intensify South Africa's efforts to fight crimes against women, children, the elderly and the vulnerable.

Next week Sunday, 16 December 2007, will see certain sections of the long-awaited Sexual Offences Act come into operation.

The Act will comprehensively review and amend all aspects of the laws and the implementation of the laws relating to sexual offences. It will also 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. These include offences relating to sexual exploitation or grooming, exposure to or display of child pornography or pornography to children and the creation of child pornography
This is 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
* further regulating procedures, defences and other evidentiary matters in the prosecution and adjudication of sexual offences
* making interim provisions relating to the trafficking in persons for sexual purposes.

Clause 72 of the Act provides for the implementation of Chapters one to four and seven on 16 December 2007. These relate mainly to the creation of statutory sexual offences and certain transitional arrangements and evidentiary matters.

Clause 69 of the Act further provides that the prosecution of all criminal matters pending before the courts, including any pending appeal or review proceedings, must be continued with and disposed of as if Chapters one to four and seven of the Act had not been enacted. This means that all prosecutions will continue in terms of the present legislation and new prosecutions will be done in terms of the new Criminal Law Amendment (Sexual Offences) Act, 2007.

Chapter five of the Act takes effect on 21 March 2008, or an earlier date fixed by the President by proclamation in the Gazette. This Chapter deals with services for victims of sexual offences and compulsory HIV testing of alleged sex offenders. Chapter six of the Act takes effect on 16 June 2008, or an earlier date fixed by the President by proclamation in the Gazette. This Chapter deals with the National Register for Sex Offenders.

The department and its partners in the Criminal Justice and Social Clusters trust that communities and all stakeholders involved will use the Act to fight the scourge of sexual offences head-on and that its implementation will go a long way in placing victims at the centre of the criminal justice system.

For more information call:
Zolile Nqayi
Cell: 082 898 6483

Issued by: Department of Justice and Constitutional Development
13 December 2007