Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/14

26 No. 30599

Act No. 32, 2007 Acts of consensual sexual violation with certain children (statutory sexual assault)

16. (1) A person (“A”) who commits an act of sexual violation with a child (“B”) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual violation with a child.

(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the Director of Public Prosecutions concerned authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).

(b) The Director of Public Prosecutions concerned may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.

Sexual exploitation of children

17. (1) A person (“A”) who unlawfully and intentionally engages the services of a child complainant (“B”), with or without the consent of B, for financial or other reward, favour or compensation to B or to a third person (“C”)—

for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or

by committing a sexual act with B,

is, in addition to any other offence which he or she may be convicted of, guilty of the sexual exploitation of a child.

(2) A person (“A”) who unlawfully and intentionally offers the services of a child complainant (“B”) to a third person (“C”), with or without the consent of B, for financial or other reward, favour or compensation to A, B or to another person (“D”)—

for purposes of the commission of a sexual act with B by C;

by inviting, persuading or inducing B to allow C to commit a sexual act with B;

by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C;

by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or

by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C,

is guilty of an offence of being involved in the sexual exploitation of a child.

(3) A person (“A”) who—

intentionally allows or knowingly permits the commission of a sexual act by a third person (“C”) with a child complainant (“B”), with or without the consent of B, while being a primary care-giver defined in section 1 of the Social Assistance Act, 2004 (Act No. 13 of 2004), parent or guardian of B; or

owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, with or without the consent of B,

is guilty of the offence of furthering the sexual exploitation of a child.

(4) A person (“A”) who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a child complainant (“B”), with