The Criminal law (Sexual offences and related Matters) Amendment Act

(No 32 of 2007) – also referred to as the Sexual offences Act – defines a number of sexual offences in relation to children. Some of the most important provisions are as follows:

• Sexual exploitation of children (under the age of 18 years). The Act says that the following actions are offences in terms of sexual exploitation:
  • If a person uses a child to engage in sexual activities for money, even if the child consents to this;
  • If a person offers the sexual services of a child to another person, with or without the consent of the child, for money or any kind of reward;
  • If a person (who is a primary care-giver) allows another person to commit a sexual act with a child, even if the child consents;
  • If a person allows another person to commit a sexual act with a child, with or without the child’s consent and is paid for this.
• Displaying child pornography
  • If a person displays child pornography or pornography to a child, with or without the consent of the child they are guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a child.
• Using children for child pornography
  • If a person uses a child, with or without the child’s consent, for the purposes of creating, making or producing any image, publication, depiction or description of child pornography or assists in any manner in this regard is guilty of an offence of using a child for child pornography.