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South Africa
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
Act 32 of 2007
- Published in Government Gazette no. 30599 on 14 December 2007
- Assented to on 13 December 2007
- There are multiple commencements:
- [This is the version of this document from 31 July 2022.]
Provisions | Status |
---|---|
Chapter 1 (section 1–2); Chapter 2 (section 3–14); Chapter 3 (section 15–22); Chapter 4 (section 23–26); Chapter 7 (section 54–72) |
commenced on 16 December 2007.
Note: See section 72(1). Commences the whole Act except sections 27 - 53 |
Chapter 5 (section 27–39) |
commenced on 21 March 2008.
Note: See section 72(2)(a). Commences Chapter 5 (sections 27 - 39). |
Chapter 6 (section 40–53) |
commenced on 16 June 2008.
Note: See section 72(2)(b). Commences Chapter 6 (sections 40 - 53). |
Chapter 7, Part 2, section 56A | commenced on 26 June 2012. |
Chapter 6, section 44A | commenced on 22 January 2014. |
Chapter 3, Part 1, section 15(1)(a), 15(1)(b), section 16(1)(a), 16(1)(b); Chapter 6, section 50(2)(c), 50(2)(d), section 51(2A); Chapter 7, Part 4, section 67(1), 67(2); Part 5, section 69A | commenced on 7 July 2015. |
Chapter 7, Part 1A (section 55A); Part 4, section 66(1)(a)(vii), 66(2)(a)(x), 66(3)(a)(vi), 66(3A) | commenced on 31 January 2020. |
Chapter 2, Part 3A (section 11A); Chapter 3, Part 2, section 17(7), section 19A, section 20(3), 20(4); Chapter 7, Part 1, section 54(3), 54(4); Part 2, section 56A(3), 56A(4), 56A(5), 56A(6), 56A(7), 56A(8) | commenced on 1 December 2021. |
Chapter 2, Part 4, section 12(1)(a), 12(1)(b); Part 5 (section 14A); Chapter 6, section 41(a), 41(b), 41(c), 41(d), section 42(3)(a), 42(3)(b), 42(3)(c), 42(4), 42(5), 42(6), section 44B, section 44C, section 48(2)(a), 48(2)(b), 48(2)(c), section 51(2B), 51(4) | commenced on 31 July 2022. |
- [Amended by Judicial Matters Amendment Act, 2008 (Act 66 of 2008) on 17 February 2009]
- [Amended by Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2012 (Act 6 of 2012) on 26 June 2012]
- [Amended by Judicial Matters Amendment Act, 2013 (Act 42 of 2013) on 22 January 2014]
- [Amended by Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2015 (Act 5 of 2015) on 7 July 2015]
- [Amended by Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of 2013) on 9 August 2015]
- [Amended by Judicial Matters Amendment Act, 2015 (Act 24 of 2015) on 8 January 2016]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 31 January 2020]
- [Amended by Judicial Matters Second Amendment Act, 2013 (Act 43 of 2013) on 31 January 2020]
- [Amended by Cybercrimes Act, 2020 (Act 19 of 2020) on 1 December 2021]
- [Amended by Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021 (Act 13 of 2021) on 31 July 2022]
Chapter 1
Definitions and objects
1. Definitions and interpretation of Act
2. Objects
The objects of this Act are to afford complainants of sexual offences the maximum and least traumatising protection that the law can provide, to introduce measures which seek to enable the relevant organs of state to give full effect to the provisions of this Act and to combat and, ultimately, eradicate the relatively high incidence of sexual offences committed in the Republic by:Chapter 2
Sexual offences
Part 1 – Rape and compelled rape
3. Rape
Any person ("A") who unlawfully and intentionally commits an act of sexual penetration with a complainant ("B"), without the consent of B, is guilty of the offence of rape.4. Compelled rape
Any person ("A") who unlawfully and intentionally compels a third person ("C"), without the consent of C, to commit an act of sexual penetration with a complainant ("B"), without the consent of B, is guilty of the offence of compelled rape.Part 2 – Sexual assault, compelled sexual assault and compelled self-sexual assault
5. Sexual assault
6. Compelled sexual assault
A person ("A") who unlawfully and intentionally compels a third person ("C"), without the consent of C, to commit an act of sexual violation with a complainant ("B"), without the consent of B, is guilty of the offence of compelled sexual assault.7. Compelled self-sexual assault
A person ("A") who unlawfully and intentionally compels a complainant ("B"), without the consent of B, to—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")
A person ("A") who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ("C") or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a complainant 18 years or older ("B"), without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a person 18 years or older.10. Exposure or display of or causing exposure or display of child pornography to persons 18 years or older
A person ("A") who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ("C") or not, exposes or displays or causes the exposure or display of child pornography to a complainant 18 years or older ("B"), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography to a person 18 years or older.11. Engaging sexual services of persons 18 years or older
A person ("A") who unlawfully and intentionally engages the services of a person 18 years or older ("B"), for financial or other reward, favour or compensation to B or to a third person ("C")—Part 3A – Persons 18 years or older: Harmful disclosure of pornography and orders to protect complainant against harmful effects of disclosure of pornography
[part 3A inserted by section 58 of Act 19 of 2020]11A. Harmful disclosure of pornography
Part 4 – Incest, bestiality and sexual acts with corpse
12. Incest
13. Bestiality
A person ("A") who unlawfully and intentionally commits an act—14. Sexual act with corpse
A person who unlawfully and intentionally commits a sexual act with a human corpse, is guilty of the offence of committing a sexual act with a corpse.Part 5 – Sexual intimidation
[Part 5 inserted by section 5 of Act 13 of 2021]14A. Sexual intimidation
A person ('A') who unlawfully and intentionally utters or conveys a threat to a complainant ('B') that inspires a reasonable belief of imminent harm in B that a sexual offence will be committed against B, or a third party ('C') who is a member of the family of B or any other person in a close relationship with B, is guilty of the offence of sexual intimidation and may be liable on conviction to the punishment to which a person convicted of actually committing a sexual offence would be liable.[section 14A inserted by section 5 of Act 13 of 2021]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
[part 2 heading substituted by section 58 of Act 19 of 2020]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
A person ("A") who unlawfully and intentionally exposes or displays or causes the exposure or display of—19A. Offences relating to child pornography
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")
A person ("A") who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ("C") or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a child complainant ( "B"), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a child.Chapter 4
Sexual offences against persons with mental disabilities
Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities and using persons with mental disabilities for pornographic purposes or benefiting therefrom
[heading substituted by section 6 of Act 13 of 2021]23. Sexual exploitation of persons with mental disabilities
24. Sexual grooming of persons with mental disabilities
[heading substituted by section 8(a) of Act 13 of 2021]25. Exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities
A person ("A") who unlawfully and intentionally exposes or displays or causes the exposure or display of any image, publication, depiction, description or sequence of child pornography or pornography to a complainant with a mental disability ("B"), is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a person with a mental disability.[section 25 substituted by section 9 of Act 13 of 2021]26. Using persons with mental disabilities 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
For the purposes of this Chapter, and unless the context indicates otherwise—"application" means an application in terms of section 30 or 32;"body fluid" means any body substance which may contain HIV or any other sexually transmissible infection, but does not include saliva, tears or perspiration;"body specimen" means any body sample which can be tested to determine the presence or absence of HIV infection;"HIV" means the Human Immuno-deficiency Virus;"HIV test" means any validated and medically recognised test for determining the presence or absence of HIV infection in a person;"interested person" means any person who has a material interest in the well-being of a victim, including a spouse, same sex or heterosexual permanent life partner, parent, guardian, family member, care giver, curator, counsellor, medical practitioner, health service provider, social worker or teacher of such victim;"investigating officer" means a member of the South African Police Service responsible for the investigation of an alleged sexual offence or any other offence or any member acting under his or her command;"medical practitioner" means a person registered as a medical practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), and who, for purposes of section 33, is authorised to take body specimens as contemplated in this Chapter;"nurse" means a person registered as such in terms of any relevant legislation and who, for purposes of section 33, is authorised to take body specimens as contemplated in this Chapter;"offence" means any offence, other than a sexual offence, in which the HIV status of the alleged offender may be relevant for purposes of investigation or prosecution;"PEP" means Post Exposure Prophylaxis;"sexual offence" means a sexual offence in terms of this Act in which the victim may have been exposed to body fluids of the alleged offender; and"victim" means any person alleging that a sexual offence has been perpetrated against him or her.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
The results of an HIV test, performed in terms of an order contemplated in sections 31(3) and 32(3), may only be used in the following circumstances:Part 5 – Miscellaneous
35. Register of applications and orders
36. Confidentiality of outcome of application
The fact that an order for HIV testing of an alleged offender has been granted as contemplated in section 31 or section 32 may not be communicated to any person other than—37. Confidentiality of HIV test results obtained
38. Offences and penalties
39. Regulations
Chapter 6
National register for sex offenders
40. Definitions
For purposes of this Chapter, and unless the context indicates otherwise—"certificate" means a certificate contemplated in section 44;"employee" means—(a)any person who applies to work for or works for an employer, and who receives, or is entitled to receive, any remuneration, reward, favour or benefit; or(b)any person, other than a person contemplated in (a), who in any manner applies to assist or assists in carrying on or conducting the business of an employer, whether or not he or she is entitled to receive any remuneration, reward, favour or benefit;"employer" means—(a)any—(i)department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or(ii)other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation,which employs employees who, in any manner and during the course of their employment, will be placed in a position to work with a person who is vulnerable or in a position of authority, supervision or care of a person who is vulnerable; or(b)any person, organisation, institution, club, sports club, association or body who or which, as the case may be—(i)employs employees who, in any manner and during the course of their employment, will be placed in a position of authority, supervision or care of a person who is vulnerable or working with a person who is vulnerable; or(ii)owns, manages, operates, has any business or economic interest in or is in any manner responsible for, or participates or assists in the management or operation of any entity or business concern or trade relating to the supervision over or care of or working with a person who is vulnerable,and 'employ', 'employing', 'employed' and 'employment relationship' have corresponding meanings;[definition of "employer" substituted by section 12(a) of Act 13 of 2021]"licencing authority" means any authority which is responsible for granting licences or approving the management or operation of any entity, business concern or trade relating to the supervision over or care of a person who is vulnerable;[definition of "licencing authority" substituted by section 12(b) of Act 13 of 2021]"person who is vulnerable" means a—(a)child or a person with a mental disability;(b)female under the age of 25 years who—(i)receives tuition at a higher education college, higher education institution or university college as defined in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997);(ii)receives vocational training at any training institute, other than the institutions referred to in subparagraph (i), or as part of their employment; or(iii)lives in a building, structure or facility used primarily as a residence for any of the persons referred to in subparagraphs (i) and (ii);(c)person who is being cared for or sheltered in a facility that provides services to victims of crime;(d)person with a physical, intellectual or sensory disability and who—(i)receives community-based care and support services, other than from a family member for;(ii)lives in a building, structure or facility used primarily as a residence for; or(iii)is cared for in a facility providing 24-hour care to,persons with physical, intellectual or sensory disabilities; or(e)person who is 60 years of age or older and who—(i)receives community-based care and support services, other than from a family member for;(ii)lives in a building, structure or facility used primarily as a residence for; or(iii)is cared for in a facility providing 24-hour care to, such persons;[definition of "person who is vulnerable" inserted by section 12(c) of Act 13 of 2021]"licensing authority" means any authority which is responsible for granting licences or approving the management or operation of any entity, business concern or trade relating to the supervision over or care of a child or a person who is mentally disabled;"Register" means the National Register for Sex Offenders established under section 42(1);"Registrar" means the Registrar of the National Register for Sex Offenders contemplated in section 42(2); and"relevant authority" means any—(a)department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or(b)other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation,which is tasked with considering applications from prospective foster parents, kinship care-givers, temporary safe care-givers, adoptive parents or curators;"sexual offence" means—(a)any—(i)sexual offence in terms of the law as it existed between 16 June 2003 and 15 December 2007;(ii)offence referred to in Chapters 2, 3 and 4 and sections 55 and 71 of this Act;(iii)offence referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013, which was committed for sexual purposes; and(iv)contravention since 16 June 2003 of section 24B(1) or (3) of the Films and Publications Act, 1996 (Act No. 65 of 1996),that was committed against a child or a person with a mental disability between the period of 16 June 2003 and the date of; and(b)any—(i)offence referred to in sections 3 to 10, 12 to 26 and 55 of this Act;(ii)offence referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013, which was committed for sexual purposes; and(iii)contravention since 16 June 2003 of section 24B(1) or (3) of the Films and Publications Act, 1996;that was committed after the date of,the commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021.[definition of "sexual offence" inserted by section 12(d) of Act 13 of 2021]"sexual offence against a child" [definition of "sexual offence against a child" added by section 36 of Act 8 of 2017 and deleted by section 12(e) of Act 13 of 2021]41. Prohibition on certain types of employment by certain persons who have committed sexual offences
A person who has been convicted of the commission of a sexual offence or is alleged to have committed a sexual offence and has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), whether committed before or after the commencement of this Chapter, whether committed in or outside the Republic, and whose particulars have been included in the Register, may not—42. Establishment of National Register for Sex Offenders and designation of Registrar of Register
43. Objects of Register
The objects of the Register are to protect persons who are vulnerable against sexual offenders by—44. Persons entitled to apply for certificate
An application for a prescribed certificate, stating whether or not the particulars of a person mentioned in the application are recorded in the Register may, solely for the purpose of complying with any obligation under this Chapter, be made in the prescribed manner by—44A. Enquiries for purposes of expungement applications in terms of Criminal Procedure Act, 1977
44B. Access to Register by National Commissioner of South African Police Service
For the purposes of section 36D(2) of the Criminal Procedure Act, 1977, and section 15A(2) of the South African Police Service Act, 1995 (Act No. 65 of 1995), the National Commissioner of the South African Police Service may be granted access to the data base of the Register by the Registrar.[section 44B inserted by section 17 of Act 13 of 2021]44C. Obligations of Director-General: Home Affairs and Registrar
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
The Register must—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 vulnerable persons and attempt, conspiracy, incitement or inducing another person to commit sexual offence
[part 1 amended by section 30 of Act 13 of 2021]54. Obligation to report commission of sexual offences against persons who are vulnerable
55. Attempt, conspiracy, incitement or inducing another person to commit sexual offence
Any person who—Part 1A – Sexual offences courts
[Part 1A inserted by section 1 of Act 43 of 2013]55A. Designation of sexual offences courts
Part 2 – Defences and sentencing, inability of children under 12 years and persons with mental disabilities to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction
[part 2 amended by section 30 of Act 13 of 2021]56. Defences
[heading substituted by section 4(a) of Act 6 of 2012]56A. Sentencing
57. Inability of children under 12 years and persons with mental disabilities to consent to sexual acts
[heading amended by section 28(a) of Act 13 of 2021]58. Evidence of previous consistent statements
Evidence relating to previous consistent statements by a complainant shall be admissible in criminal proceedings involving the alleged commission of a sexual offence: Provided that the court may not draw any inference only from the absence of such previous consistent statements.59. Evidence of delay in reporting
In criminal proceedings involving the alleged commission of a sexual offence, the court may not draw any inference only from the length of any delay between the alleged commission of such offence and the reporting thereof.60. Court may not treat evidence of complainant with caution on account of nature of offence
Notwithstanding any other law, a court may not treat the evidence of a complainant in criminal proceedings involving the alleged commission of a sexual offence pending before that court, with caution, on account of the nature of the 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
Part 6 – ***
[heading of Part 6 deleted by section 48 of Act 7 of 2013]70. ***
[section 70 repealed by section 48 of Act 7 of 2013]71. ***
[section 71 repealed by section 48 of Act 7 of 2013]72. Short title and commencement
History of this document
31 July 2022 this version
01 December 2021
Amended by
Cybercrimes Act, 2020
Read this version
31 January 2020
Amended by
Judicial Matters Amendment Act, 2017
Amended by
Judicial Matters Second Amendment Act, 2013
Read this version
02 August 2017
08 January 2016
09 August 2015
22 January 2014
17 February 2009
16 December 2007
Commences.
14 December 2007
Published in
Government Gazette number 30599
Read this version
13 December 2007
Assented to.
Cited documents 0
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