Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/14

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Acts of consensual sexual violation with certain children (statutory sexual assault)

16. (1) A person (“A”) who commits an act of sexual violation 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 violation 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 relevant 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 Director of Public Prosecutions concerned authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).

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

Part 2: Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography or pornography to children and using children for pornographic purposes or benefiting from child pornography

Sexual exploitation of children

17. (1) A person (“A”) who unlawfully and intentionally engages the services of a child complainant (“B”), with or without the consent of B, for financial or other reward, favour or compensation to B or to a third person (“C”)—

(a)

for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or

(b)

by committing a sexual act with B,

is, in addition to any other offence which he or she may be convicted of, guilty of the sexual exploitation of a child.

(2) A person (“A”) who unlawfully and intentionally offers the services of a child complainant (“B”) to a third person (“C”), with or without the consent of B, for financial or other reward, favour or compensation to A, B or to another person (“D”)—

(a)

for purposes of the commission of a sexual act with B by C;

(b)

by inviting, persuading or inducing B to allow C to commit a sexual act with B;

(c)

by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C;

(d)

by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or

(e)

by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C,

is guilty of an offence of being involved in the sexual exploitation of a child.

(3) A person (“A”) who—

(a)

intentionally allows or knowingly permits the commission of a sexual act by a third person (“C”) with a child complainant (“B”), with or without the consent of B, while being a primary care-giver defined in section 1 of the Social Assistance Act, 2004 (Act No. 13 of 2004), parent or guardian of B; or

(b)

owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, with or without the consent of B,

is guilty of the offence of furthering the sexual exploitation of a child.

(4) A person (“A”) who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a child complainant (“B”), with