The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (also known as the Sexual Offences Amendment Act (SOAA) was introduced to protect victims, especially women, children and people living with mental disabilities who have been raped or who have experienced sexual crimes. The Act requires that support services be provided to victims of sexual abuse, to reduce and remove secondary trauma in the criminal justice system.

The Sexual Offences Amendment Act protects any person who has experienced the following sexual crimes:

• Rape – where a person has sexual penetration with a victim without their consent; it is also a crime where a person forces another person to rape a victim (this is called compelled rape)
• Sexual assault – where a person sexually abuses a victim by, for example, touching their genital organs or causing them to touch their genital organs. It is also a crime for a person to force another person to sexually violate a victim (this is called compelled sexual assault)
• Compelled self-sexual assault – when a person forces the victim to masturbate or engage in any form of self-sexual arousal or stimulation
• Flashing – where a person shows their private parts to a victim without their consent
• Sexual exploitation (child prostitution) – where a child or person who is mentally disabled is forced to engage in sexual services with or without their consent and is paid to do this
• Sexual grooming – making a child or person who is mentally disabled sexually ready to commit sexual acts
• Child pornography – where a child is used to make pornographic material for payment or a reward with or without the consent of the child

STEPS TO FOLLOW WHEN REPORTING SEXUAL OFFENCES (CRIMES)

Anyone can be a victim of sexual crimes regardless of their gender.

Follow these steps if you are a victim of a sexual offence:

Step 1: Go to the nearest Police station or a Thuthuzela Care Centre (TCC) to report the matter

Do not take a bath or change your clothes after a sexual crime. Your body and clothes will be used as important DNA evidence. A TCC is a one-stop victim-support service centre located at the hospital/clinic to facilitate the speedy collection of evidence in a victim-friendly environment. You can ask a friend or family member to go with you.

Step 2: Make a statement

At the police station/TCC you will be taken to a private victim-friendly room where the police officer will take your statement. You will need to provide details of people who witnessed the crime or have information concerning your case. Read your statement before signing it. The police will issue a case number which must be kept safe.

Step 3: Go for a medical examination

Immediately go for a medical examination from the nearest hospital/clinic. The findings of the medical examination will be included in the police docket as evidence.

If the sex offender did not use a condom or any protection, you are entitled to receive Post-Exposure Prophylaxis (PEP) for HIV infection within 72 hours after the sexual offence. The PEP services are available at the public health centres managed by the Department of Health.

You may also be referred for trauma counselling to a local social worker for free.

Step 4: Police investigation

The police will investigate the case and may arrest the suspect.

Step 5: Work with the police and prosecutor

The district court prosecutor may consult with you to find out if there is enough evidence to prosecute the accused person. The prosecutor is your lawyer so they need to be informed of all the details.

The law allows the accused to apply for bail. You will be told by the investigating officer when your application will come to court. If you feel you will be in danger if the accused is given bail, you need to tell the prosecutor about this. The prosecutor may use this information to oppose the bail application.

When the police investigation is completed, the case will be handed to the Sexual Offences Court for trial.

Step 6: On the date of trial go to the Sexual Offences Court

Arrive on time and bring along friends and family who can support you.

If the regional court prosecutor is satisfied that there is enough evidence to prosecute the accused, the date of trial will be set for the case. You will be informed of this date by the investigator or prosecutor.

Step 7: Appearing in court

If you are a child, a mentally disabled person or a traumatised adult victim, you may testify in a private testifying room using closed-circuit TV.

Step 8: The verdict is given by the magistrate

If the accused is convicted, the magistrate will give them a sentence that is set by the law.

If the accused was convicted of a sexual crime involving a child or mentally disabled person, the court will order that the particulars of the accused be entered in the National Register for Sex Offenders to prevent them from repeating the same offence.

Sexual Offences Courts

Since April 2022, 116 Regional Courts have been upgraded to Sexual Offences Courts to deal with cases of sexual offences. The Sexual Offences Courts aim to:

• Reduce secondary victimisation often suffered by the victims when they engage with the criminal justice system, particularly the court system
• Reduce the turnaround time in the finalisation of sexual offences cases
• Improve the conviction rate in sexual offence cases

The Sexual Offences Amendment Act requires all criminal justice officials (police, prosecutors, magistrates and court clerks) to deal with all reported sexual crimes without discriminating against victims because of race, nationality, sex, age, sexual orientation or any other reason.

Sexual Offences Courts are required to provide these services to support victims of sexual crimes:

• Court preparation services – preparing people with information on the court procedures, services and benefits, and providing support by the Court Preparation Officer (CPO) on the day of the trial
• Intermediary services – The prosecutor will apply to court to allow a child victim or a person with mental disability to testify in a private testifying room with the help of an intermediary who will explain the questions in a simple manner
• Private waiting room for adult and child victims
• Pre- and post-trial trauma counselling
• Private testifying room and closed court services
• Witness fee services – this covers return travelling costs and food while in court