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.

Nelson Mandela

"As I walked out the door towards my freedom, I knew that if I did not leave all the anger, hatred and bitterness behind, I would still be in prison"

IT’S NOT YOUR FAULT

People from all walks of life can be a victim of sexual abuse. It doesn’t matter your age, race or cultural background, everyone is at risk of becoming a victim. It must be known that you did not choose for this to happen to you, there is nothing specific about you that makes you more vulnerable to this abuse. Sexual abuse, like any form of abuse is a criminal offence and is never the fault of the person it happens to. It doesn’t matter whether you were drinking or drugging. It doesn’t matter what you were wearing or saying. It doesn’t matter if you knew the abuser or were having an argument. You are, Under No Circumstances responsible for being assaulted or sexually abused. The person who did this to you is the only person responsible for your sexual assault; they are the ones to blame.