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Table of Contents
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
Notice No. 1224 of 2007
Act
Preamble
Chapter 1 : Definitions and Objects
1. Definitions and interpretations of Act
2. Objects
Chapter 2 : Sexual Offences
Part 1: Rape and compelled rape
3. Rape
4. Compelled rape
Part 2: Sexual assault, compelled sexual assault and compelled self-sexual assault
5. Sexual assault
6. Compelled sexual assault
7. Compelled self-sexual assault
Part 3: Persons 18 years or older: Compelling or causing persons 18 years or older to witness sexual offences, sexual acts or self-masturbation, etc.
8. Compelling or causing persons 18 years or older to witnss sexual offences, sexual acts or self-masturbation
9. Exposure or display of or causing exposure or display of genital organs, anus or female breats to persons 18 years or older ("flashing")
10. Exposure or display of or causing exposure or display of child pornography to persons 18 years or older
11. Engaging sexual services of persons 18 years or older
Part 4: Incest, bestiality and sexual acts with corpse
12. Incest
13. Bestiality
14. Sexual acts with corpse
Part 5: Sexual intimidation
14A. Sexual intimidation
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)1
16. Acts of consensual sexual violation with certain children (statutory sexual assault)2
Part 2: Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography etc.
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
20. Using children for or benefiting from child pornography
Part 3: Compelling or causing children to witness sexual ofences, sexual acts or self-masturbation and exposure or display of or causing exposure etc.
21. Compelling or causing children to witness sexual offences sexual acts or self-masturbation
22. Exposure or display of or causing of exposure or display of genital organs, anus or female breasts to children ("flashing")
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 th
23. Sexual exploitation of persons with mental disabilities
24. Sexual grooming of persons with mental disabilities
25. Exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities
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 Alledged Sex Offenders
Part 1: Definitions and services for victims of sexual offences
27. Definitions
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
Part 5: Miscellaneous
35. Register of applications and orders
36. Confidentiality of outcome of application
37. Confidentiality of HIV test results obtained
38. Offences and penalties
39. Regulations
Chapter 6 : National Register for Sex Offenders
40. Definitions
41. Prohibition on certain types of employment by certain persons who have committed sexual offences
42. Establishment of National Register for Sex Offenders and designation of Registrar of Register
43. Objects of Register
44. Persons entitled to apply for certificate
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
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
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
54. Obligation to report commision of sexual offences against persons who are vulnerable
55. Attempt, conspiracy, incitement or inducing another person to commit sexual offence
Part 1A: Sexual Offences Courts
55A. Designation of sexual offences courts
Part 2: Defences and sentencing, inability of children under 12 years and persons who are mentally disabled to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction
56. Defences
56A. Sentencing
57. Inability of children under 12 years and persons with mental disabilities to consent to sexual acts
58. Evidence of previous consistent statements
59. Evidence of delay in reporting
60. Court may not treat evidence of complainant with caution on account of nature of 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: Transitional provisions relating to trafficking in persons for sexual purposes
70. Application and interpretation
71. Trafficking in persons for sexual purposes
72. Short title and commencement
Schedule
Laws Amended or Repealed by section 68
Magistrates' Court Act
Sexual Offences Act
Correctional Services Act
Prescription Act
Criminal Procedure Act
Child Care Act
Prevention of Family Violence Act
Choice on Termination of Pregnancy Act
Criminal Law Amendment Act
Witness Protection Act
Prevention of Organised Crime Act
Military Discipline Supplementary Measures Act
Private Security Industry Regulation Act
Immigration Act
Explosives Act
Regulations
Criminal Law (Sexual Offences and Related Matters) Regulations
Notice No. R. 561 of 2008
1. Definitions
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
3. Application by victim or interested person for HIV testing of alleged offender
4. Consideration of application and evidence
5. Order by magistrate for HIV testing in terms of section 31 of the Act
6. Application by investigating officer for HIV testing of alleged offender and order by magistrate for HIV testing in terms of section 32 of the Act
7. Taking of prescribed specimens
8. Recording, retaining and confidentiality of test results
9. Retaining of test results by investigating officer
10. Warrant of Arrest
11. Register of applications and orders
Part II : Regulations on National Register for Sex Offenders under Section 53 of the Act
12. Establishment of National Register for Sex Offenders and designation or appointment of personnel of Registrar
13. Powers, duties and functions of Registrar
14. Contents of Register
15. Manner in which particulars must be forwarded to Registrar: Establishment of Register and related matters
16. Manner in which particulars must be forwarded to Registrar and related matters
17. Persons entitled to apply for certificate
18. Processing of applications
18A. Application to determine whether particulars of a person are included in the Register
19. Removal of particulars from Register
20. Offences and penalties
Part III : General
21. Short title and commencement
Annexures
Annexure A : Forms: Services for victims of sexual offences and compulsory HIV testing of alleged sex offenders
Part I of Regulations: Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Offenders
Form 1 : Notice of services available to victim
Form 2 : Application for HIV testing of alleged offender by victim or interested person
Form 3 : Order by magistrate for HIV testing of alleged offender on application by victim or interested person
Form 4 : Notice to offender regarding order for HIV testing
Form 5 : Application for HIV testing of alleged offender by investigating officer
Form 6 : Order by magistrate for HIV testing of alleged offender on application by investigating officer
Form 7 : Recording of HIV tests results obtained in terms of an order by magistrate
Form 8 : Notice containing information on confidentiality of and how to deal with HIV test results
Form 9 : Applicant for warrant of arrest
Form 10 : Warrant of arrest
Annexure B : Forms: National Register for Sex Offenders
Part II of Regulations: National Register for Sex Offenders
Form 1 : Information to be forwarded to Registrar by National Commissioner of Correctional Services
Form 2 : Notice to prisoner whose particulars have been forwarded to Registrar
Form 3 : lnformation to be forwarded to Registrar by Director-General: Health
Form 4 : Notice to person whose particulars have been forwarded to Registrar
Form 5 : Court order for inclusion of particulars in Register
Form 6 : Notification to employer of court order
Form 7 : Application for certificate by person in respect of own particulars
Form 8 : Application for certificate by person/licensing authority/relevant authority in respect of particulars of another
Form 8A : Application to determine whether particulars of a person have been included in the National Register for Sex Offenders
Form 9 : Certificate in respect of particulars
Form 9A : Determination in respect of particulars
Form 10 : Application for removal of particulars from Register
Form 11 : Certificate confirming removal of particulars from register
Regulations Relating to Sexual Offences Courts 2020
Notice No. R.108 of 2020
Chapter I : Definitions and Application
1. Definitions
2. Application
Chapter II : Requirements for Designated Court
3. Requirements for designated court
Chapter III : Facilities
4. Required facilities
5. General requirements regarding facilities
6. Access to facilities
7. Use of facilities
8. Waiting area
9. Testifying room
10. Court preparation room and consultation room
Chapter IV : Devices and Equipment
11. Devices and equipment for testifying room
12. Devices and equipment for court room
13. Operation and repairing of electronic devices in testifying and court rooms
14. Anatomical dolls
Chapter V : Services
15. Requirements regarding court preparation programme
16. Staff and judicial trauma debriefing
17. Interpreting services
18. Intermediary services for witnesses
19. Services rendered by court supporters
Chapter VI : Special Measures in respect of hearings
20. Sign language interpreters
21. Legal aid practitioners
22. Finalisation of sexual offences cases
23. Witness complaints mechanisms
24. Transporting of accused persons to designated court
25. Manner of dealing with complainants and witnesses
Chapter VII : Miscellaneous
26. Sitting of designated court on part-time basis
27. Short title
Notices
Designation of Courts for the Regional Divisions at which Sexual Offences Courts must be established
Notice No. R. 2690 of 2022
Schedule
Part III : General
Purchase
21. Short title and commencement
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