Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/67

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
132 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

(c)

the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having 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; 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 or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively

(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 is charged with having committed two or more offences of rape; 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;

(c)

involving the infliction of grievous bodily harm.

Trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.

Robbery, involving—

(a)

the use by the accused or any coperpetrators or participants of a firearm;