South Africa
Sexual Offences Act, 1957
Act 23 of 1957
- Published in Government Gazette 5853 on 12 April 1957
- Assented to on 3 April 1957
- Commenced on 12 April 1957
- [This is the version of this document as it was from 1 December 1993 to 15 December 2007.]
- [Amended by Immorality Amendment Act, 1967 (Act 68 of 1967) on 1 June 1967]
- [Amended by Immorality Amendment Act, 1969 (Act 57 of 1969) on 21 May 1969]
- [Amended by Immorality and Prohibition of Mixed Marriages Amendment Act, 1985 (Act 72 of 1985) on 19 June 1985]
- [Amended by Immorality Amendment Act, 1988 (Act 2 of 1988) on 4 March 1988]
- [Amended by Criminal Law Amendment Act, 1992 (Act 4 of 1992) on 11 March 1992]
- [Amended by General Law Amendment Act, 1992 (Act 139 of 1992) on 7 August 1992]
- [Amended by General Law Fourth Amendment Act, 1993 (Act 132 of 1993) on 1 December 1993]
1. Definitions
In this Act, unless the context otherwise indicates—"brothel" includes any house or place kept or used for purposes of prostitution or for persons to visit for the purpose of having unlawful carnal intercourse or for any other lewd or indecent purpose;"coloured person" [definition of "coloured person" deleted by section 1(a) of Act 72 of 1985]"court" means the court before which the charge is brought;[definition of "court" substituted by section 1 of Act 2 of 1988]"house" includes a dwelling-house, building, room, out-house, shed or tent or any part thereof;"owner" includes any person who lets or sub-lets or permits the occupation of any house or place whether in his own right or that of another;"place" includes any field, enclosure, space, vehicle, or boat or any part thereof;"police officer" means any member of any police force established under the authority of any law;"unlawful carnal intercourse" means carnal intercourse otherwise than between husband and wife;"white person" [definition of "white person" deleted by section 1(b) of Act 72 of 1985]2. Keeping a brothel
Any person who keeps a brothel shall be guilty of an offence.3. Certain persons deemed to keep a brothel
The following persons shall for the purposes of section two be deemed to keep a brothel:4. Onus of proof
In prosecutions under this Act the onus of proving that a house or place is to be kept or used or is being kept or used as a brothel to the knowledge of the owner shall be On the prosecution: Provided that—5. Contract to let house or place for a brothel void
Any contract to let any house or place to be kept or used as a brothel shall be null and void.6. Use of house or place as a brothel avoids contract of letting
Any contract of letting and hiring of any house or place which subsequently to the making of such contract becomes a brothel shall as from the date of such event be determined and become null and void: Provided that upon proof by the owner of his ignorance that the house or place was so kept or used he shall be entitled to recover the rent up to the date upon which he became aware that the house or place was being kept or used as a brothel.7. Summary ejectment when a house or place is used as a brothel
The owner of any house or place kept or used as a brothel shall be entitled to apply to the magistrate of the district in which such house or place is situated for the summary ejectment of any person who may be keeping or using such house or place as a brothel and such magistrate shall be entitled after enquiry to order the summary ejectment of such person.8. Proceedings upon complaint by householders or police that a house or place is used as a brothel
9. Parent or guardian procuring defilement of child or ward
10. Procuration
Any person who—11. Conspiracy to defile
Any person who conspires with any other person to induce any female by any false pretence or other fraudulent means to allow any male to have unlawful carnal intercourse with her, shall be guilty of an offence.12. Detention for purposes of unlawful carnal intercourse
12A. Assistance for purposes of unlawful carnal intercourse
13. Abduction
14. Sexual offences with youths
15. Sexual offences with idiots or imbeciles
Any person who—16. ***
[section 16 repealed by section 2 of Act 72 of 1985]17. Owner or occupier permitting on his premises the defilement of a female or any offence against this Act
Any person who being the owner or occupier of any house or place or having or acting or assisting in the management or control thereof knowingly permits the use of such house or place for the purpose of any offence against any provision of this Act, shall be guilty of an offence.18. Use of drugs, etc., for purposes of defilement of females
Any person who applies, administers to or causes to be taken by any female any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower her so as thereby to enable him to have unlawful carnal intercourse with her, shall be guilty of an offence.18A. Manufacture, sale or supply of article which is intended to be used to perform an unnatural sexual act
19. Enticing to commission of immoral acts
Any person who—20. Persons living on earnings of prostitution or committing or assisting in commission of indecent acts
20A. Acts committed between men at a party and which are calculated to stimulate sexual passion or to give sexual gratification, prohibited
21. Presumptions
22. Penalties
Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable—23. Repeal of laws
The laws specified in the Schedule are hereby repealed to the extent set out in the fourth column of that Schedule.24. ***
[section 24 repealed by section 6 of Act 139 of 1992]25. Short title
This Act shall be called the Sexual Offences Act, 1957.[section 25 substituted by section 10 of Act 2 of 1988]History of this document
16 December 2007 amendment not yet applied
01 December 1993 this version
Amended by
General Law Fourth Amendment Act, 1993
07 August 1992
Amended by
General Law Amendment Act, 1992
Read this version
11 March 1992
04 March 1988
Amended by
Immorality Amendment Act, 1988
Read this version
19 June 1985
21 May 1969
Amended by
Immorality Amendment Act, 1969
Read this version
01 June 1967
Amended by
Immorality Amendment Act, 1967
Read this version
12 April 1957
03 April 1957
Assented to
Documents citing this one 88
Judgment 53
Gazette 32
Act 3
1. | Criminal Procedure Act, 1977 | 3800 citations |
2. | Prevention of Organised Crime Act, 1998 | 1120 citations |
3. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 434 citations |