Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/37

72 No. 30599

Act No. 32, 2007 took all reasonable steps to ensure that, where the person was 18 years or older, the representation did not depict that person as being under the age of 18 years.

(7) If a person is convicted of any offence under this Act, the court that imposes the sentence shall consider as an aggravating factor the fact that the person—

committed the offence with intent to gain financially, or receive any favour, benefit, reward, compensation or any other advantage; or

gained financially, or received any favour, benefit, reward, compensation or any other advantage,

from the commission of such offence.

(8) A person may not be convicted of an offence in terms of section 9 or 22 if that person commits such act in compliance with and in the interest of a legitimate cultural practice.

Inability of children under 12 years and persons who are mentally disabled to consent to sexual acts

57. (1) Notwithstanding anything to the contrary in any law contained, a male or female person under the age of 12 years is incapable of consenting to a sexual act.

(2) Notwithstanding anything to the contrary in any law contained, a person who is mentally disabled is incapable of consenting to a sexual act.

Evidence of previous consistent statements

58. Evidence relating to previous consistent statements by a complainant shall be admissible in criminal proceedings involving the alleged commission of a sexual offence: Provided that the court may not draw any inference only from the absence of such previous consistent statements.

Evidence of delay in reporting

59. In criminal proceedings involving the alleged commission of a sexual offence, the court may not draw any inference only from the length of any delay between the alleged commission of such offence and the reporting thereof.

Court may not treat evidence of complainant with caution on account of nature of offence

60. Notwithstanding any other law, a court may not treat the evidence of a complainant in criminal proceedings involving the alleged commission of a sexual offence pending before that court, with caution, on account of the nature of the offence.

Extra-territorial jurisdiction

61. (1) Even if the act alleged to constitute a sexual offence or other offence under this Act occurred outside the Republic, a court of the Republic, whether or not the act constitutes an offence at the place of its commission, has, subject to subsections (4) and (5), jurisdiction in respect of that offence if the person to be charged—

is a citizen of the Republic;

is ordinarily resident in the Republic;

was arrested in the territory of the Republic, or in its territorial waters or on board a ship or aircraft registered or required to be registered in the Republic at the time the offence was committed;

is a company, incorporated or registered as such under any law, in the Republic; or

any body of persons, corporate or unincorporated, in the Republic.

(2) Subject to subsections (4) and (5), any act alleged to constitute a sexual offence or other offence under this Act and which is committed outside the Republic by a person,