Criminal law sexual offences and related matters amendment act 2007

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This was an application for confirmation of a ruling by the North Gauteng High Court, Pretoria High Court that certain provisions of the Criminal Law Sexual Offences and Related Matters Amendment Act relating to the criminalisation of consensual sexual conduct with children of a certain age were constitutionally invalid. At the outset it is important to emphasise what this case is not about. It is not about whether children should or should not engage in sexual conduct.

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The recent set of particularly violent sexual crimes in South Africa, extensively covered by the media [1], has caused outrage and has provoked much soul searching. It has sparked various campaigns and protests aiming to raise awareness, and to bring the debate into main-stream public discourse. The incidence and prevalence of rape and sexual offences is a real problem in South Africa.

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The South African legal and policy framework for sexual and reproductive healthcare provision for teenagers is complex. The article outlines the dilemmas emanating from the legal and policy framework, summarises issues with implementation of the legal and policy framework in practice, and summarises recent changes to the law. In-depth analysis of the legal and policy framework.

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Deputy Minister of the Department of Justice and Constitutional Development, John Jeffery, said laws are only as good as the people who implement them. He added that Criminal Law Sexual Offences and Related Matters Amendment Act 32 of relies heavily on various role-players, at different stages, within the criminal justice system to make such implementation effective. Mr Jeffery noted that many different people play different roles at various stages in the process, everyone from the police who register reported sexual offences cases, to the investigation of cases by detectives, to the doctors and nurses who collect forensic evidence and medically treat sexual violence victims, to civil society organisations providing victim support services, and to the prosecutors in the courts, all these role-players are crucial.

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This briefing happens as we commemorate the noble actions of our country's heroines, whose courage led to the birth of a democratic society. Inordinary women from varying racial and cultural backgrounds united in their diversity to confront the legislated injustice of the separatist regime. Frustrated by the restrictive pass laws, they marched against the former government to demand the restoration of human dignity.

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Corresponding author: D McQuoid-Mason mcquoidm ukzn. It may not be necessary for doctors to report cases of consensual sexual penetration in terms of the Criminal Law Sexual Offences Act and Related Matters Amendment Act, where the children involved are under16 years old and their age difference is not more than 2 years, if such a requirement is unconstitutional. The Criminal Law Sexual Offences and Related Matters Amendment Act 1 hereafter referred to as the Sexual Offences Act provides that in respect of statutory sexual assault — but not in respect of consensual sexual penetration — it is a defence that both the accused were children under the age of 16 years and the age difference between them was not more than 2 years at the time of the alleged offence.

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Ill-treatment of children under the Child Care Act. Until the provisions regarding the duty to report ill-treatment of children in terms of the Child Care Act 7 are repealed, the existing provisions apply. The Child Care Act provides that every dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing a children's home, place of care or shelter, who examines, attends or deals with any child in circumstances giving rise to the suspicion that that child has been ill-treated, or suffers from any injury which probably might have been deliberately caused, or suffers from a nutritional deficiency disease, must immediately notify the Director-General of Social Development or a designated officer of such circumstances. Even if they were mistaken, such persons shall not be liable for any notification given in good faith in accordance with the Act.

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As part of its civil society advocacy initiatives, Sonke has worked alongside the Shukumisa Campaign to improve the implementation of the Sexual Offences Act. Good laws alone are not enough: they must be combined with strong advocacy if they are to change practice. Sexual offences laws in South Africa were updated in

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A series of other versions are also available on Wikisource, including the version originally enacted without amendments. To comprehensively and extensively review and amend all aspects of the laws and the implementation of the laws relating to sexual offences, and to deal with all legal aspects of or relating to sexual offences in a single statute, by—. Judicial Matters Amendment Act, No. Whereas the commission of sexual offences in the Republic is of grave concern, as it has a particularly disadvantageous impact on vulnerable persons, the society as a whole and the economy.

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