sexual offences act came into operation
18 December 2007

According to a statement released by Department of Justice and Constitutional Development, Clause 72 of the Act provides for the implementation of Chapters 1 to 4 and 7 came into operation 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 1 to 4 and 7 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.

“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,” said the department.  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:

-  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 criminalizing 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 and enacting comprehensive provisions dealing with the creation of certain new, expanded or amended sexual offences against children and persons who are mentally disabled.

Further regulating procedures, defenses and other evidentiary matters in the prosecution and adjudication of sexual offences and making interim provisions relating to the trafficking in persons for sexual purposes.

Presenting the Bill for debate, Deputy Justice Minister Johnny de Lange said its approval would celebrate the House's willingness and commitment to address the plight of women, children and other vulnerable groups who are so often the victims of sexual atrocities.

Some of the dramatic changes contained in the Bill are that according to the definition of the law, the definition of rape will include a man being raped by another man, for a woman to be raped by another woman and for a man to be raped by a woman.

Gabi Khumalo, www.buanews.co.za