Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/13

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Part 4: Incest, bestiality and sexual acts with corpse

Incest

12. (1) Persons who may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship and who unlawfully and intentionally engage in an act of sexual penetration with each other, are, despite their mutual consent to engage in such act, guilty of the offence of incest.

(2) For the purposes of subsection (1)—

(a)

the prohibited degrees of consanguinity (blood relationship) are the following:

(i)

Ascendants and descendents in the direct line; or

(ii)

collaterals, if either of them is related to their common ancestor in the first degree of descent;

(b)

the prohibited degrees of affinity are relations by marriage in the ascending and descending line; and

(c)

an adoptive relationship is the relationship of adoption as provided for in any other law.

(3) (a) The institution of a prosecution of a person who is a child at the time of the alleged commission of the offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions.

(b) The National Director of Public Prosecutions may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.

Bestiality

13. A person (“A”) who unlawfully and intentionally commits an act—

(a)

which causes penetration to any extent whatsoever by the genital organs of—

(i)

A into or beyond the mouth, genital organs or anus of an animal; or

(ii)

an animal into or beyond the mouth, genital organs or anus of A; or

(b)

of masturbation of an animal, unless such act is committed for scientific reasons or breeding purposes, or of masturbation with an animal,

is guilty of the offence of bestiality.

Sexual act with corpse

14. 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.

Chapter 3

Sexual offences against children

Part 1: Consensual sexual acts with certain children

Acts of consensual sexual penetration with certain children (statutory rape)

15. (1) A person (“A”) who commits an act of sexual penetration with a child (“B”) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child.

(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the National Director of Public Prosecutions authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).

(b) The National Director of Public Prosecutions may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.