Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/Unamended/Chapter 2

by enacted by the Parliament of South Africa

Chapter 2

Sexual offences

Part 1: Rape and compelled rape

Rape

3. Any person (“A”) who unlawfully and intentionally commits an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of rape.

Compelled rape

4. Any person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of compelled rape.

Part 2: Sexual assault, compelled sexual assault and compelled self-sexual assault

Sexual assault

5. (1) A person (“A”) who unlawfully and intentionally sexually violates a complainant (“B”), without the consent of B, is guilty of the offence of sexual assault.

(2) A person (“A”) who unlawfully and intentionally inspires the belief in a complainant (“B”) that B will be sexually violated, is guilty of the offence of sexual assault.

Compelled sexual assault

6. A person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual violation with a complainant (“B”), without the consent of B, is guilty of the offence of compelled sexual assault.

Compelled self-sexual assault

7. A person (“A”) who unlawfully and intentionally compels a complainant (“B”), without the consent of B, to—

(a)

engage in—

(i)

masturbation;

(ii)

any form of arousal or stimulation of a sexual nature of the female breasts; or

(iii)

sexually suggestive or lewd acts,

with B himself or herself;

(b)

engage in any act which has or may have the effect of sexually arousing or sexually degrading B; or

(c)

cause B to penetrate in any manner whatsoever his or her own genital organs or anus,

is guilty of the offence of compelled self-sexual assault.

Part 3: Persons 18 years or older: Compelling or causing persons 18 years or older to witness sexual offences, sexual acts or self-masturbation, exposure or display of or causing exposure or display of genital organs, anus or female breasts (“flashing”), child pornography to persons 18 years or older or engaging sexual services of persons 18 years or older

Compelling or causing persons 18 years or older to witness a sexual offences, sexual acts or self-masturbation

8. (1) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a complainant 18 years or older (“B”), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual offence.

(2) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a complainant 18 years or older (“B”), without the consent of B, to be in the presence of or watch—

(a)

A while he or she engages in a sexual act with C or another person (“D”); or

(b)

C while he or she engages in a sexual act with D,

is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual act.

(3) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a complainant 18 years or older (“B”), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a person 18 years or older to witness self-masturbation.

Exposure or display of or causing exposure or display of genital organs, anus or female breasts to persons 18 years or older (“flashing”)

9. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a complainant 18 years or older (“B”), without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a person 18 years or older.

Exposure or display of or causing exposure or display of child pornography to persons 18 years or older

10. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of child pornography to a complainant 18 years or older (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography to a person 18 years or older.

Engaging sexual services of persons 18 years or older

11. A person (“A”) who unlawfully and intentionally engages the services of a person 18 years or older (“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 guilty of engaging the sexual services of a person 18 years or older.

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.