Understanding the sexual offences act
Government introduced a new Criminal Law Amendment Act 32 of 2007 to protect communities against rape and other sexual-related crimes.
This new law which is also known as the Sexual Offences Amendment Act (SOAA) is required to protect victims, especially women, children and people living with mental disabilities that have been raped or have experienced sexual crimes.
What are sexual crimes?
SOAA protects any person who has experienced rape, sexual assault, sexual grooming, incest, child pornography or prostitution, etc.
Rape occurs when a person forces another to have sexual intercourse without their consent.
Sexual assault occurs when a person sexually violates another person without their consent.
Sexual grooming occurs when a person educates/ introduces or prepares a child to perform/witness any sexual act or became sexually ready.
Incest occurs when people who are related engage in a sexual act.
Child pornography is when a child is used for a reward or money for the purpose of publishing pornographic material.
Child prostitution is when a person uses a child to expose or engage with him/ her in sexual acts.
Anyone can be a victim of rape or sexual crimes, irrespective of gender. SOAA requires all criminal justice officials to deal with reported sexual crimes without discriminating against victims.
In our communities the majority of victims of sexual offences are children, women and people living with mental disabilities.
It further extends the responsibility to members of the public to report any form of sexual violence.
Some of the rights of victims of rape and related sexual crimes
You have the right to:
1. Dignity and privacy.
When you report to police, you will be taken to a separate room where you can speak in an environment that you are comfortable with.
2. Information – When you report to a public hospital, you will receive information on procedures required to have the alleged perpetrator be tested for his/her
HIV status and right to receive Post Exposure Prophylaxis (PEP).
3. Treatment.
Victim support services available to victims
Any referral made in respect of a person or child that is/was a victim of sexual violence, must be to an accredited centre or shelter.
Enquiries: Chief-Directorate: Promotion of the Rights of Vulnerable Groups
Private Bag X81, Pretoria, 0001
Tel: 012-315-1808/1656
Fax: 086-653-3306
Email: sorma@justice.gov.za
Information derived from the Department of Justice and Constitutional Development’s website.
