Introduction to Sexual Offences Act

Question 1

What does the Sexual Offenses Act 32 of 2007 aim to achieve?

Answer 1

The Sexual Offenses Act 32 of 2007 codifies existing crimes and introduces new offenses, especially in relation to children and people with mental disabilities.

Question 2

What is the standardized age of consent to sex according to the Sexual Offenses Act?

Answer 2

The Sexual Offenses Act standardizes the age of consent to sex to 16 years for both girls and boys.

Question 3

What provisions does the Sexual Offenses Act make regarding HIV testing and PEP?

Answer 3

The Sexual Offenses Act allows for the provision of Post Exposure Prophylaxis (PEP) and permits HIV testing of alleged perpetrators.

Question 4

What new measure does the Sexual Offenses Act introduce regarding sex offenders?

Answer 4

The Sexual Offenses Act introduces a national sex offenders register to monitor and track sex offenders.

Question 5

What framework does the Sexual Offenses Act establish to address sexual offenses?

Answer 5

The Sexual Offenses Act creates a National Policy Framework (NPF) to comprehensively address sexual offenses and related matters.

Question 6

What is sexual assault? (2)

Answer 6

• A person who unlawfully and intentionally sexually violates a complainant without their consent is guilty of sexual assault
• Also includes threatening to violate someone, compelled sexual assault and compelled self-sexual assault

Question 7

How does the Sexual Offenses Act define sexual violation?

Answer 7

Sexual violation, as defined by the Sexual Offenses Act, includes any act involving direct or indirect contact between genital organs, anus, or mouth of one person with the body parts of another person or animal, or with any object resembling genital organs or anus. It also encompasses masturbation by another person, insertion of objects into the mouth, and other acts causing sexual arousal or stimulation.

Question 8

What age group does the Sexual Offenses Act consider as children?

Answer 8

According to the Sexual Offenses Act, a child is defined as anyone below the age of 18 years.

Question 9

What offenses are included under the Sexual Offenses Act regarding children and mentally disabled individuals?

Answer 9

The Sexual Offenses Act includes offenses such as sexual exploitation and grooming of children and mentally disabled people, the use of children or mentally disabled individuals for pornography, and exposing them to pornography or child pornography.

Question 10

What right does every person have regarding receiving PEP after a sexual offense?

Answer 10

Every person has the right to receive PEP and free medical advice about its prescription at a designated public health facility within 72 hours of a sexual offense.

Question 11

What are the options for victims regarding reporting a sexual offense to receive PEP?

Answer 11

Victims must either lay a charge with the police first or report at a designated health establishment to receive PEP.

Question 12

Is there an obligation to report for adults who are victims of a sexual offense?

Answer 12

No, there is no obligation to report for adults unless they are older persons or mentally disabled individuals.

Question 13

What is recommended for “uncertain” patients regarding reporting a sexual offense?

Answer 13

“Uncertain” patients should be encouraged to report within 24 hours to the police to allow for the collection of non-degradable evidence, which must be retained for a minimum of 6 weeks.

Question 14

What services must patients who choose not to report to the police still be offered?

Answer 14

Patients who choose not to report to the police must still be offered all other healthcare services.

Question 15

Every person has the right to receive PEP and free medical advice about its prescription at a designated public health facility within 72 hours of a sexual offense.

Victim must either lay a charge with the police first or report at designated health establishment: (3)

Answer 15

 If an adult, no obligation to report (unless an older person, or mentally disabled)

 ‘Uncertain’ patients should be encouraged to report within 24 hours to the police and allow for the collection of non-degradable evidence (retained for a minimum of 6 weeks).

 Patients who choose not to report to the police must still be offered all other healthcare services.

Question 16

Who can apply for an order compelling HIV testing of the alleged offender within 90 days of an alleged sexual offense?

Answer 16

Any victim, interested person, or investigating officer (IO) may apply for the order.

Question 17

What must healthcare providers (HCP) offer to the offender if the order for HIV testing is granted?

Answer 17

HCP must offer pre-test counseling to the offender along with necessary information regarding HIV and AIDS.

Question 18

How should the results of HIV testing be handled?

Answer 18

All results must remain confidential and kept in a locked cabinet with access restricted to the head of the health establishment. Only the investigating officer (IO) has access to the results.

Question 19

What responsibility does the healthcare provider (HCP) have if the order for HIV testing is granted?

Answer 19

If necessary, the HCP must explain the contents of the notice accompanying the results to the offender.

Question 20

Who should be counseled prior to receiving the results of the HIV test?

Answer 20

The victim should be counseled prior to receiving the results of the test, and the investigating officer (IO) must ensure they have been counseled beforehand.

Question 21

What does the Children’s Act of 2007 mandate regarding the reporting of suspected child abuse?

Answer 21

The Children’s Act mandates the reporting of suspected sexual abuse, physical harm, and neglect of children.

Question 22

According to the Children’s Act, what rights do children have regarding health information?

Answer 22

Children have the right to information about health promotion and treatment, sexuality and reproduction, as well as confidentiality about their health status and their parents’ or caregiver’s health status.

Question 23

What entitlement do children have regarding confidentiality when obtaining condoms, contraceptives, or contraceptive advice?

Answer 23

Children are entitled to confidentiality when obtaining condoms, contraceptives, or contraceptive advice, as per the Children’s Act.