New Bill could ensure sex pests pay dearly for their crimes

While the five Gauteng men who were last week arrested on child pornography related charges await their next court appearance, the South African Law Reform Commission (SALRC) is busy finalising a new draft Bill.

The Bill could, in effect, overhaul the laws under which these men stand accused and empower courts to slap offenders with harsher sentences, as well as bar them from surfing the internet.

The process could take several years and when – or if – the Bill is passed, the men who were arrested last week will likely be done with their court case.

Once it has been approved by a full sitting of the commission, the Bill will be sent to the minister of justice and correctional services for his consideration. It will then have to be approved by Cabinet before it can be submitted to parliament.

But it could still go a long way towards securing justice for future victims and towards protecting future generations.

The commission, which is chaired by High Court Judge Jody Kollapen, was tasked with looking into the current law and identifying any gaps in how it protects children from being used in child pornography – as well as considering the need for law reform.

Early last year, it put out a discussion paper, along with the draft Bill, for public comment.

The commission has made a number of recommendations, including that the courts be empowered to mete out lengthy jail terms for offenders.

“The granting of a number of lenient sentences by courts in SA for offences relating to child sexual abuse material is concerning,” it said.

The commission proposed 15-year sentences for offenders found guilty of making, accessing or possessing child pornography; or of attending or taking part in a live performance involving child pornography; or of promoting child pornography.

It also proposed that a range of different orders be made available to the courts to make against offenders – including orders banning them from accessing the internet, or limiting their access.

And if the Bill were to go ahead, in its current form at least, it would not just criminalise perpetrators. Anyone who knew about the commission of a child pornography-related offence would be obligated to report it.

Luke Lamprecht, the advocacy manager for Women and Men Against Child Abuse, said this week that “there is always a victim” in child pornography related crimes.

“The idea that because it’s taking place behind a screen, it’s a lesser crime, is ludicrous,” he said.

He said those who accessed child pornography were “participating in either the rape of a child or the sexual assault of a child” and that the sentences they were subject to should reflect this.

“We need to make it clear to them that they are complicit in these crimes,” he said.

– bernadettew@citizen.co.za

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