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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

Part I : Regulations on Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders under Section 39 of the Act

2. Reporting of an alleged sexual offence and services for victims

 

(1) A medical practitioner or nurse to whom a sexual offence, where the victim may have been exposed to the risk of being infected with HIV as a result of that offence, is reported by a victim or an interested person must complete the J88 form ('Report by the authorised medical practitioner on the completion of a medico-legal examination").

 

(2)

(a) The police official to whom the charge is made or the medical practitioner or nurse to whom the incident is reported, must inform the victim or interested person verbally and by way of a notice, which must correspond substantially with Form 1 in Annexure A—
(i) of the importance of obtaining PEP for HIV infection without any delay, but in any event within 72 hours after the alleged sexual offence has taken place;
(ii) that PEP will be administered at State expense at health establishments in accordance with the State's prevailing norms and standards;
(iii) that the victim will receive free medical advice surrounding the administering of PEP prior to the administering thereof;
(iv) of the need to obtain medical advice and assistance regarding the possibility of other sexually transmitted infections; and
(v) that the victim or interested person may apply to a magistrate for an order that the alleged offender be tested for HIV, at State expense.

(b)

(i) A list containing the names, addresses and contact particulars of accessible health establishments must be attached to the notice referred to in paragraph (a) above.
(ii) The list contemplated in subparagraph (i) may be restricted to accessible health establishments within reasonable distance from the police station where the charge is laid or from the health establishment where the incident is reported.
(c) If the victim or interested person is not able to read the notice referred to in paragraph (a), the contents thereof must be explained to him or her by the police official or another person who is able to assist the police official in this regard, medical practitioner or nurse, as the case may be, in a language that he or she understands.

 

(3) The medical practitioner or nurse to whom the incident is reported, as contemplated in subregulation (I), must, after having provided the services contemplated in section 28(1)(a) of the Act, inform the victim or interested person, as the case may be, to lay a charge without delay at the police station nearest to the place where the incident occurred.