Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/60

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118 No. 30599
Government Gazette, 14 December 2007

Act No. 32, 2007
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
No. and year of law Short title Extent of repeal or amendment

any statute does not prove that offence but—

(a)

the offence of [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;

(b)

the offence of common assault; or

(c)

the statutory offence of—

(i)

committing an immoral or indecent act with such other person;

(ii)

soliciting, enticing or importuning such other person to have unlawful carnal

intercourse;

(iii)

soliciting, enticing or importuning such other person to commit an immoral or indecent act; or

(iv)

conspiring with such other person to have unlawful carnal intercourse,

the accused may be found guilty of the offence so proved.”


17. The repeal of section 269.


18. The amendment of section 276A—

(a)

by the substitution in subsection (1) for paragraph (b) of the following paragraph:

(b)

for a fixed period not exceeding three years, or in the case of a conviction for any offence referred to in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, for a fixed period not exceeding five years.”; and

(b)

by the insertion after subsection (2) of the following subsection:

(2A) Punishment imposed under paragraph (h) or (i) of section 276(1) on a person convicted of any sexual offence shall, if practicable and if the convicted person demonstrates the potential to benefit from treatment, include the attendance of and participation in a sex offence specific treatment programme as prescribed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the cost of which shall be borne by the convicted person himself or herself.”.


19. The amendment of section 299A by the substitution