RE: SUBMISSION TO THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED
MATTERS) AMMENDMENT BILL
Date: 29 August2006
INTRODUCTION:
COMMENTS OF THE BILL
POSITIVES
1. The definition of rape in chapter 2 includes both
genders and includes oral, vaginal and anal sexual penetration. This is a great improvement on the previous
definition.
2. The behaviours contributing to the sexual exploitation
of a child is comprehensively described in Chapter 3. The same can be said for Chapter 4, which deals with the sexual
exploitation of a mentally disabled person.
3. Section 56 (Chapter 7) for extra territorial
application, which means that South Africans who commit sexual offences against
children abroad can be prosecuted.
4. Part 2 of Chapter 7 is very appropriate in that it
provides for a National Policy Framework, the establishment of an Intersectoral
Committee and describes the responsibility, duties and functions of the
committee. This will promote a coordinated approach by everyone who deals with
sexual abuse.
1. The Bill is written in complex language and it is
recommended that it is translated into a more user-friendly style of
language. Section 16 and section 17
(Chapter 3) is particularly difficult to read and understand.
2. Chapter 5 (Section 30 to 35) is welcomed, but it is of
concern that the treatment provisions are so limited. It only provides for the victim to receive PEP for HIV
infection. Other important medical
services should also be included, as well as treatment to address psychological
trauma to the victim.
3. It is of great concern that there is no provision for
the treatment and monitoring of sexual offenders. Long term treatment and
monitoring of offenders, promotes the prevention of further offences and also
assists with the management of the problem of child sexual abuse.
4. With regards to the use of an intermediary, it is
strongly recommended that all children have the right to use an intermediary
automatically, to avoid further trauma to the child. This decision is presently
being made by magistrates and judges who seldom understand the developmental
stages and vulnerable nature of children. It is also felt that the
cross-examining of children by alleged sexual offenders should be prohibited,
to avoid further trauma to the child.
5. There is no evidence that children’s evidence is less
reliable than that of adults, so it is very strongly recommended that the
cautionary rule relating to the evidence of children be abolished.
6. Chapter 6 deals very extensively with the National
Register for Sexual Offenders. There are two concerns here:
v
International Research into
the effectiveness of such registers indicates that they have not successfully
contributed to the protection of children.
v
The children’s Bill (December
2005) provides for a similar and much broader register and it is felt that
duplication is unnecessary and costly.
7. It is also felt that the provision of a support person
(i.e. family member, social worker or counselor) should be included in the
bill, to support the child through the process of testifying in court. It is
also recommended that the bill provide for the appointment of a “Watching
Brief” to unsure that all judicial procedures are followed correctly. Perhaps
then, we will have more convictions and justice for victims
Thank you for the opportunity to comment on the Bill
Yours Faithfully
Aileen Langley
HOD – Children’s Services – Childline Gauteng
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