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

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