• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
  • Notice No. 1224 of 2007
  • Act
  • Preamble
  • Chapter 1 : Definitions and Objects
    • 1. Definitions and interpretations of Act
    • 2. Objects
  • Chapter 2 : Sexual Offences
    • Part 1: Rape and compelled rape
      • 3. Rape
      • 4. Compelled rape
    • Part 2: Sexual assault, compelled sexual assault and compelled self-sexual assault
      • 5. Sexual assault
      • 6. Compelled sexual assault
      • 7. Compelled self-sexual assault
    • Part 3: Persons 18 years or older: Compelling or causing persons 18 years or older to witness sexual offences, sexual acts or self-masturbation, etc.
      • 8. Compelling or causing persons 18 years or older to witnss sexual offences, sexual acts or self-masturbation
      • 9. Exposure or display of or causing exposure or display of genital organs, anus or female breats to persons 18 years or older ("flashing")
      • 10. Exposure or display of or causing exposure or display of child pornography to persons 18 years or older
      • 11. Engaging sexual services of persons 18 years or older
    • Part 4: Incest, bestiality and sexual acts with corpse
      • 12. Incest
      • 13. Bestiality
      • 14. Sexual acts with corpse
    • Part 5: Sexual intimidation
      • 14A. Sexual intimidation
  • Chapter 3 : Sexual Offences against Children
    • Part 1: Consensual sexual acts with certain children
      • 15. Acts of consensual sexual penetration with certain children (statutory rape)1
      • 16. Acts of consensual sexual violation with certain children (statutory sexual assault)2
    • Part 2: Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography etc.
      • 17. Sexual exploitation of children
      • 18. Sexual grooming of children
      • 19. Exposure or display of or causing exposure or display of child pornography or pornography to children
      • 20. Using children for or benefiting from child pornography
    • Part 3: Compelling or causing children to witness sexual ofences, sexual acts or self-masturbation and exposure or display of or causing exposure etc.
      • 21. Compelling or causing children to witness sexual offences sexual acts or self-masturbation
      • 22. Exposure or display of or causing of exposure or display of genital organs, anus or female breasts to children ("flashing")
  • Chapter 4 : Sexual Offences against Persons with Mental Disabilities
    • Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities and using persons with mental disabilities for pornographic purposes or benefiting therefrom
      • 23. Sexual exploitation of persons with mental disabilities
      • 24. Sexual grooming of persons with mental disabilities
      • 25. Exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities
      • 26. Using persons with mental disabilities for pornographic purposes or benefiting therefrom
  • Chapter 5 : Services for Victims of Sexual Offences and Compulsory HIV Testing of Alledged Sex Offenders
    • Part 1: Definitions and services for victims of sexual offences
      • 27. Definitions
      • 28. Services for victims relating to Post Exposure Prophylaxis and compulsory HIV testing of alleged sex offenders
      • 29. Designation of public health establishments for purposes of providing Post Exposure Prophylaxis and carrying out compulsory HIV testing
    • Part 2: Application for compulsory HIV testing of alleged sex offender by victim
      • 30. Application by victim or interested person for HIV testing of alleged sex offender
      • 31. Consideration of application by magistrate and issuing of order
    • Part 3: Application for compulsory HIV testing of alleged offender by investigating officer
      • 32. Application by investigating officer for HIV testing of alleged offender
    • Part 4: Execution of orders for compulsory HIV testing and results of HIV tests
      • 33. Execution of order and issuing of warrant of arrest
      • 34. Use of results of HIV tests
    • Part 5: Miscellaneous
      • 35. Register of applications and orders
      • 36. Confidentiality of outcome of application
      • 37. Confidentiality of HIV test results obtained
      • 38. Offences and penalties
      • 39. Regulations
  • Chapter 6 : National Register for Sex Offenders
    • 40. Definitions
    • 41. Prohibition on certain types of employment by certain persons who have committed sexual offences
    • 42. Establishment of National Register for Sex Offenders and designation of Registrar of Register
    • 43. Objects of Register
    • 44. Persons entitled to apply for certificate
    • 44A. Enquiries for purposes of expungement applications in terms of Criminal Procedure Act, 1977
    • 44B. Access to Register by National Commissioner of South African Police Service
    • 44C. Obligations of Director-General: Home Affairs and Registrar
    • 45. Obligations of employers in respect of employees
    • 46. Obligations of employees
    • 47. Obligations in respect of licence applications
    • 48. Obligations in respect of applications for fostering, kinship care-giving, temporary safe care-giving, adoption of children or curatorship
    • 49. Contents of Register
    • 50. Persons whose names must be included in Register and related matters
    • 51. Removal of particulars from Register
    • 52. Confidentiality and disclosure of information
    • 53. Regulations pertaining to Register
  • Chapter 7 : General Provisions
    • Part 1: Miscellaneous offences: Obligation to report commission of sexual offences against vulnerable persons and attempt, conspiracy, incitement or inducing another person to commit sexual offence
      • 54. Obligation to report commision of sexual offences against persons who are vulnerable
      • 55. Attempt, conspiracy, incitement or inducing another person to commit sexual offence
    • Part 1A: Sexual Offences Courts
      • 55A. Designation of sexual offences courts
    • Part 2: Defences and sentencing, inability of children under 12 years and persons who are mentally disabled to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction
      • 56. Defences
      • 56A. Sentencing
      • 57. Inability of children under 12 years and persons with mental disabilities to consent to sexual acts
      • 58. Evidence of previous consistent statements
      • 59. Evidence of delay in reporting
      • 60. Court may not treat evidence of complainant with caution on account of nature of offence
      • 61. Extra-territorial jurisdiction
    • Part 3: National policy framework
      • 62. National policy framework
      • 63. Establishment of Inter-sectoral Committee
      • 64. Meetings of Committee
      • 65. Responsibilities, functions and duties of Committee
    • Part 4: National instructions and directives, regulations and repeal and amendment of laws
      • 66. National instructions and directives
      • 67. Regulations
      • 68. Repeal and amendment of laws
    • Part 5: Transitional provisions
      • 69. Transitional provisions
      • 69A. Removal of particulars from Register and expungement of certain criminal records under the Sexual Offences Act, 1957, and this Act
    • Part 6: Transitional provisions relating to trafficking in persons for sexual purposes
      • 70. Application and interpretation
      • 71. Trafficking in persons for sexual purposes
      • 72. Short title and commencement
  • Schedule
    • Laws Amended or Repealed by section 68
      • Magistrates' Court Act
      • Sexual Offences Act
      • Correctional Services Act
      • Prescription Act
      • Criminal Procedure Act
      • Child Care Act
      • Prevention of Family Violence Act
      • Choice on Termination of Pregnancy Act
      • Criminal Law Amendment Act
      • Witness Protection Act
      • Prevention of Organised Crime Act
      • Military Discipline Supplementary Measures Act
      • Private Security Industry Regulation Act
      • Immigration Act
      • Explosives Act
• Regulations
  • Criminal Law (Sexual Offences and Related Matters) Regulations
    • Notice No. R. 561 of 2008
    • 1. Definitions
    • Part I : Regulations on Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders under Section 39 of the Act
      • 2. Reporting of an alleged sexual offence and services for victims
      • 3. Application by victim or interested person for HIV testing of alleged offender
      • 4. Consideration of application and evidence
      • 5. Order by magistrate for HIV testing in terms of section 31 of the Act
      • 6. Application by investigating officer for HIV testing of alleged offender and order by magistrate for HIV testing in terms of section 32 of the Act
      • 7. Taking of prescribed specimens
      • 8. Recording, retaining and confidentiality of test results
      • 9. Retaining of test results by investigating officer
      • 10. Warrant of Arrest
      • 11. Register of applications and orders
    • Part II : Regulations on National Register for Sex Offenders under Section 53 of the Act
      • 12. Establishment of National Register for Sex Offenders and designation or appointment of personnel of Registrar
      • 13. Powers, duties and functions of Registrar
      • 14. Contents of Register
      • 15. Manner in which particulars must be forwarded to Registrar: Establishment of Register and related matters
      • 16. Manner in which particulars must be forwarded to Registrar and related matters
      • 17. Persons entitled to apply for certificate
      • 18. Processing of applications
      • 18A. Application to determine whether particulars of a person are included in the Register
      • 19. Removal of particulars from Register
      • 20. Offences and penalties
    • Part III : General
      • 21. Short title and commencement
    • Annexures
      • Annexure A : Forms: Services for victims of sexual offences and compulsory HIV testing of alleged sex offenders
        • Part I of Regulations: Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Offenders
          • Form 1 : Notice of services available to victim
          • Form 2 : Application for HIV testing of alleged offender by victim or interested person
          • Form 3 : Order by magistrate for HIV testing of alleged offender on application by victim or interested person
          • Form 4 : Notice to offender regarding order for HIV testing
          • Form 5 : Application for HIV testing of alleged offender by investigating officer
          • Form 6 : Order by magistrate for HIV testing of alleged offender on application by investigating officer
          • Form 7 : Recording of HIV tests results obtained in terms of an order by magistrate
          • Form 8 : Notice containing information on confidentiality of and how to deal with HIV test results
          • Form 9 : Applicant for warrant of arrest
          • Form 10 : Warrant of arrest
      • Annexure B : Forms: National Register for Sex Offenders
        • Part II of Regulations: National Register for Sex Offenders
          • Form 1 : Information to be forwarded to Registrar by National Commissioner of Correctional Services
          • Form 2 : Notice to prisoner whose particulars have been forwarded to Registrar
          • Form 3 : lnformation to be forwarded to Registrar by Director-General: Health
          • Form 4 : Notice to person whose particulars have been forwarded to Registrar
          • Form 5 : Court order for inclusion of particulars in Register
          • Form 6 : Notification to employer of court order
          • Form 7 : Application for certificate by person in respect of own particulars
          • Form 8 : Application for certificate by person/licensing authority/relevant authority in respect of particulars of another
          • Form 8A : Application to determine whether particulars of a person have been included in the National Register for Sex Offenders
          • Form 9 : Certificate in respect of particulars
          • Form 9A : Determination in respect of particulars
          • Form 10 : Application for removal of particulars from Register
          • Form 11 : Certificate confirming removal of particulars from register
  • Regulations Relating to Sexual Offences Courts 2020
    • Notice No. R.108 of 2020
    • Chapter I : Definitions and Application
      • 1. Definitions
      • 2. Application
    • Chapter II : Requirements for Designated Court
      • 3. Requirements for designated court
    • Chapter III : Facilities
      • 4. Required facilities
      • 5. General requirements regarding facilities
      • 6. Access to facilities
      • 7. Use of facilities
      • 8. Waiting area
      • 9. Testifying room
      • 10. Court preparation room and consultation room
    • Chapter IV : Devices and Equipment
      • 11. Devices and equipment for testifying room
      • 12. Devices and equipment for court room
      • 13. Operation and repairing of electronic devices in testifying and court rooms
      • 14. Anatomical dolls
    • Chapter V : Services
      • 15. Requirements regarding court preparation programme
      • 16. Staff and judicial trauma debriefing
      • 17. Interpreting services
      • 18. Intermediary services for witnesses
      • 19. Services rendered by court supporters
    • Chapter VI : Special Measures in respect of hearings
      • 20. Sign language interpreters
      • 21. Legal aid practitioners
      • 22. Finalisation of sexual offences cases
      • 23. Witness complaints mechanisms
      • 24. Transporting of accused persons to designated court
      • 25. Manner of dealing with complainants and witnesses
    • Chapter VII : Miscellaneous
      • 26. Sitting of designated court on part-time basis
      • 27. Short title
• Notices
  • Designation of Courts for the Regional Divisions at which Sexual Offences Courts must be established
    • Notice No. R. 2690 of 2022
    • Schedule