Criminal Law Offences Act

The editor of the Herald fails to see the Sexual Offences Act beyond the view regarding children’s rights in terms of s15 and s16. Before the Sexual Offences Act was passed, rape was defined as an assault that involved vaginal penetration by a male’s person without the consent of the female affected. One of the major milestones brought by the Sexual Offences Act was the broad definition of rape to include penetration of all objects as well as making rape gender neutral and amending the previous statutes to extend the general definition of penetration as defined in the Act. In the case of Masiya v Director of Public Prosecutions in which a young girl aged nine was anally penetrated was held by the judge as not meeting the definition of rape in the then existing regulations as a man cannot anally rape. From this the victim was denied her rights of fair treatment as it was held that the assault is an indecent sexual assault. One of the major achievements of the new Act is that definition of rape that now includes people of the same sex who felt victimised as the statutes of the previous Act did not include them. This was when their human rights were being violated as they could be given equal judgement in the courts of law for similar offences that protected female rape victims, violation of their rights of equality according to s9 of the Constitution of the Republic of South Africa and thus, justification that the Act is not violating the rights of the individual.

The Sexual offences Act is a major tool against the exploitation of the children, the mentally disabled and corpses as it boldly shield them against even the slightest of sexual offence. Waterhouse reveals that the Sexual Offences Act has “its net wide to criminalise any people who are involved in or gain from these acts in any way” which involves the subjection and exposure of children to all forms of sexual activities and acts and this is criminalised under the Act as well as all the accomplices. The new regulations of the Sexual Offences Act makes it hard for perpetrators of sexual abuse to go off that easily, particularly those that rape children and the mentally ill as there is a National Register for Sex Offenders, in which the South African Authorities were highly influenced by the English legislation in regard to sex offenders, that make it make it impossible for them to come into contact with either children or people of mental physical disabilities wherever they may be employed as long as they do not come into close proximity with children or the mentally disabled. Thus the protection of the victims is given much emphasis protecting their dignity as well as their rights in state protection. It is also commendable that the Act, taking a cue from the English legislation has put forward the provision for the protection of the rights of the sex offenders in relation to the confidentiality of their records in the register.

Conclusion

The editor of the Herald simply ran to conclusion that the Sexual Offences Act violates human rights whilst looking at the light and minor sexual behaviour of children. His was a ploy to write marketable news for the sale of his newspaper whilst misinforming the consumer, particularly the children. Under the new Act it is a criminal act for children under the new Act to have light physical sexual acts like kissing but the editor does not educate that it is a crime but prosecution will only be passed after passing through a tribunal under the Director of Public Prosecutions but does not allow adults who sexually abuse children to escape. I believe that the infringement of the people’s rights may be violated but it is justifiable as it is going down against the correct procedures of the Sexual Offences Act. It is an Act passed for the best interests of protecting children from sexual abuse and exploitation of all forms.  The editor should have brought forward what the Act has inherited from the previous statutes because there is still little that can be done to offenders as the rates of  prosecution of  rape offenders is still low because victims often feel victimised and usually prosecutions occur when a child is pressured or through medical reports. Thus, the Act upholds the rights of people and it is their major tool against sexual abuse.

Bibliography

J Burchell Priciples of Criminal Law 3 ed (2005) Juta and Company Ltd:  Lansdowne.

Treatment Against Rape “LEGAL ACTION AND RAPE: LANDMARK CASES OF THE PAST 10 YEARS”   (accessed 30 march 2008).

Samantha Waterhouse, Joan Van Niekerk “NATIONAL WORKING GROUP ON SEXUAL OFFENCES PRESS RELEASE MIXED REVIEW FOR THE NEW SEXUAL OFFENCES ACT”  (accessed 30 March 2008).

Department of Justice and Constitutional Development, Republic Of South Africa “The new Sexual Offences Act protecting our children from sexual predators”   (accessed 30 March 2008).

U.N General Assembly “Convention on the Rights of the Child” (1995)  Article 12(1),  13, 14 & 15  30 March 2008).

Namhla Tshisela “Kissing between minors isn’t illegal” Sowetan 21 December 2007  30March 2008).

The Constitution of  The Republic of South Africa 1996.

The Republic of South Africa: CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT BILL  3 April 2008).

South African Law Commission “Problems in the Criminal Law”  4 April 2008).

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