Sexual offences bill south africa

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Deputy Minister of the Department of Justice and Constitutional Development, John Jeffery, said laws are only as good as the people who implement them. He added that Criminal Law Sexual Offences and Related Matters Amendment Act 32 of relies heavily on various role-players, at different stages, within the criminal justice system to make such implementation effective. Mr Jeffery noted that many different people play different roles at various stages in the process, everyone from the police who register reported sexual offences cases, to the investigation of cases by detectives, to the doctors and nurses who collect forensic evidence and medically treat sexual violence victims, to civil society organisations providing victim support services, and to the prosecutors in the courts, all these role-players are crucial.

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This acknowledges the fact that many people live in one-bedroom houses and lack privacy. Some members were not happy with Clause 14 which empowers the court to declare a witness in criminal proceedings wherein a sexual offence has been committed, to be a vulnerable witness in need of protection. It was felt that this clause may stigmatize such witnesses and that some of them may not even be in need of such protection.

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As part of its civil society advocacy initiatives, Sonke has worked alongside the Shukumisa Campaign to improve the implementation of the Sexual Offences Act. Good laws alone are not enough: they must be combined with strong advocacy if they are to change practice. Sexual offences laws in South Africa were updated in

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Crimes of a sexual nature, the world over, are prosecuted distinct from any other form of crime. The burden of proof in sexual offence cases is more stringent although it is not permitted to be. The tests and defences used are subjective as opposed to objective — as with all other crimes.

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Corresponding author: D McQuoid-Mason mcquoidm ukzn. It may not be necessary for doctors to report cases of consensual sexual penetration in terms of the Criminal Law Sexual Offences Act and Related Matters Amendment Act, where the children involved are under16 years old and their age difference is not more than 2 years, if such a requirement is unconstitutional. The Criminal Law Sexual Offences and Related Matters Amendment Act 1 hereafter referred to as the Sexual Offences Act provides that in respect of statutory sexual assault — but not in respect of consensual sexual penetration — it is a defence that both the accused were children under the age of 16 years and the age difference between them was not more than 2 years at the time of the alleged offence.

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The Criminal Law Sexual Offences Amendment Act has been in effect since 16 December and affects the punishment of sexual crimes committed after this date. The Act replaces some common law provisions on sexual offences and some sections of the old law, the Sexual Offences Act 23 of The Act also creates new sexual crimes. This booklet summarizes the key provisions in the new Act and related laws.

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Amendments to the Sexual Offences Act dealing with consensual underage sex: Implications for doctors and researchers. In terms of the Sexual Offences and Related Matters Amendment Act, consensual sex or sexual activity with children aged 12 - 15 was a crime, and as such had to be reported to the police. This was challenged in court in the Teddy Bear case, which held that it was unconstitutional and caused more harm than good.

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Thuthuzela Care Centres. The Thuthuzelas in operation in public hospitals in communities where the incidence of rape is particularly high, are also linked to the sexual offences courts, a new and unique South African anti-rape intervention. As part of the strategy, a specialised Sexual Offences Court is staffed by a committed cadre of prosecutors, social workers, investigating officers, magistrates, health professionals and police, and located in close proximity to the Thuthuzela.

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