Criminal Law (Sexual Offences and Related Matters) Amendment Act

Link to law: http://www.gov.za/documents/criminal-law-sexual-offences-and-related-matters-amendment-act-0
Published: 2012-06-26

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Criminal Law (Sexual Offences and Related Matters) Amendment Act 6 of 2012
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 564 Cape Town 26 June 2012 No. 35473
THE PRESIDENCY No. 26 June 2012
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 6 of 2012: Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2012.

2 No. 35473 GOVERNMENT GAZETTE, 26 June 2012 Act No. 6 of lOU Criminal Law (Sexual Offences and Related Matters)
Amendment Act Amendment Act, 20 12
GENERAL EXPLANATORY NOTE:
Words in bold r:ype in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President) (Assented to 23 June 201 2)
ACT To amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to expressly provide that the imposition of penalties in respect of certain offences contained in the Act is left to tbe discretion of the courts; and to provide for matters connected therewith.
pARLIAMENT of the Republic of South Africa enacts. as follows:-
Substitution of section 11 of Act 32 of 2007
1. The following section is hereby substituted for section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (hereinafter referred to as 5 lbe principal Act):
" Engaging sexual services of persons 18 years or older
11. A person ('A') who unlawfully and intentionally engages the services of a person 18 years or older ('B '), for financial or other reward, favour or compensation to B or to a third person ('C'}- 10 (a) for the purpose of engaging in a sexual act with B, irrespective of
whether the sexual act is committed or not; or (b) by committing a sexual act with B. is guilty of the offence of engaging the sexual services of a person L8 years or older.". L5
Amendment of section 17 of Act 32 of 2007
2. Section 17 of the principal Act is hereby amended by the substitution for subsection (1) of the foUowing subsection:
"(I) A person ('A') who unlawfully and intentionally engages the services of a child complainant ('B'), with or without the consent of B. for financial or other 20 reward, favour or compensation to B or to a third person ('C'}- (a) for the purpose of engaging in a sexual act with B, irrespective of whether the
sexual act is committed or not; or
·-
4 No. 35473 GOVERNMENT GAZETTE, 26 June 2012
Act No.6 of2012 Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2012
4
(b) by committing a sexual act with B, is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a child.".
Amendment of section 23 of Act 32 of 2007
3. Section 23 of the principal Act is hereby amended by the substitution for subsection 5 (1) of the following subsection:
"(1) A person ('A') who unlawfully and intentionally engages the services of a complainant who is mentally disabled ('B'), for financial or other reward, favour or compensation to B or to a third person ('C')- (a) for the purpose of engaging in a sexual act with B, irrespective of whether the 10
sexual act is committed or not; or (b) by committing a sexual act with B, is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a person who is mentally disabled.".
Amendment of section 56 of Act 32 of 2007
4. Section 56 of the principal Act is hereby amended- ( a) by the substitution for the heading of the following heading:
"Defences [and sentencing]"; and (b) by the deletion of subsection (7).
Insertion of section 56A in Act 32 of 2007
5. The following section is hereby inserted in the principal Act after section 56:
"Sentencing
56A. (1) A court shall, if- (a) that or another court has convicted a person of an offence in terms of
15
20
this Act; and 25
Short title
(b) a penalty is not prescribed in respect of that offence in terms of this Act or by any other Act,
impose a sentence, as provided for in section 276 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which that court considers appropriate and which is within that court's penal jurisdiction. 30
(2) If a person is convicted of any offence under this Act, the court that imposes the sentence shall consider as an aggravating factor the fact that the person- ( a) committed the offence with the intent to gain financially, or receive
any favour, benefit, reward, compensation or any other advantage; or 35 (b) gained financially, or received any favour, benefit, reward, compensa-
tion or any other advantage, from the commission of such offence.".
6. This Act is called the Criminal Law (Sexual Offences and Related Matters) 40 Amendment Act Amendment Act, 2012.