Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/70

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
138 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

Schedule 1 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), at criminal proceedings in any court;

(c)

the death of the victim was caused by the accused in committing or attempting to commit or after having committed or attempted to commit one of the following offences:

(i)

Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or

(ii)

robbery with aggravating circumstances as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or

(d)

the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy.

Rape as contemplated in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007

(a)

when committed—

(i)

in circumstances where the victim was raped more than once whether by the accused or by any co-perpetrator or accomplice;

(ii)

by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy;

(iii)

by a person who has been convicted of two or more offences of rape or compelled rape, but has not yet been sentenced in respect of such convictions; or

(iv)

by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus;

(b)

where the victim—

(i)

is a [girl] person under the age of 16 years;

(ii)

is a physically disabled [woman] person who, due to his or her physical disability, is rendered particularly vulnerable; or

(iii)

is a [mentally ill woman] person who is mentally disabled as contemplated in section 1 of the [Mental Health Act, 1973 (Act 18 of 1973)] Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;