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Definitions and laws – SAMSOSA

Definitions and laws

SOME DEFINATIONS AND LAWS TO REMEMBER

The Criminal Law (Sexual Offences and related matters) Amendment Act, No 32, 2007, is the act/law within The South African Police Service, (SAPS) that deals with Rape and sexual offences.

(Follow this above link to get a full picture of the sexual offences act in the South Africa Police Service)

This criminal act is the latest act of the criminal law regarding sexual abuse and rape. The Bill aims to provide survivors of rape and sexual assault with the maximum and least traumatising protection the law can provide. In providing new definitions, this law stipulates the following;

–          The definitions below are NOT gender specific and all sexual offences can be committed against both MEN and WOMEN.

Rape: 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.

Section 3: Rape: Reference Code 23702 – This is the number to refer to when reporting a case of Rape at the police station. 

Compelled Rape: 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, compelled rape.

Section 4: Compelled rape: Reference Code 23703 – This is the number to refer to when reporting a case of Compelled Rape at the police station. 

Sexual Assault: 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,

Another way sexual assault may occur, is if 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

Section 5: Sexual assault: Reference Code 23704 – This is the number to refer to when reporting a case of Sexual Assault at the police station.

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