Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/8

14 No. 30599

Act No. 32, 2007 engaged in sexually suggestive or lewd acts;

engaged in or as the subject of sadistic or masochistic acts of a sexual nature;

engaged in any conduct or activity characteristically associated with sexual intercourse;

showing or describing such person—

participating in, or assisting or facilitating another person to participate in; or

being in the presence of another person who commits or in any other manner being involved in,

any act contemplated in paragraphs (a) to (j); or

showing or describing the body, or parts of the body, of such person in a manner or in circumstances which, within the context, violate or offend the sexual integrity or dignity of that person or any category of persons under 18 or is capable of being used for the purposes of violating or offending the sexual integrity or dignity of that person, any person or group or categories of persons;

“complainant” means the alleged victim of a sexual offence;

“Director of Public Prosecutions” means a Director of Public Prosecutions contemplated in section 179(1)(b) of the Constitution of the Republic of South Africa, 1996, and appointed in terms of section 13 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), acting in accordance with any directives issued under this Act by the National Director of Public Prosecutions, where applicable, or in accordance with any other prosecution policy or policy directives contemplated in section 21 of the National Prosecuting Authority Act, 1998;

“genital organs” includes the whole or part of the male and female genital organs, and further includes surgically constructed or reconstructed genital organs;

“Minister” means the cabinet member responsible for the administration of justice;

“National Director of Public Prosecutions” means the person contemplated in section 179(1)(a) of the Constitution of the Republic of South Africa, 1996, and appointed in terms of section 10 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

“person who is mentally disabled” means a person affected by any mental disability, including any disorder or disability of the mind, to the extent that he or she, at the time of the alleged commission of the offence in question, was—

unable to appreciate the nature and reasonably foreseeable consequences of a sexual act;

able to appreciate the nature and reasonably foreseeable consequences of such an act, but unable to act in accordance with that appreciation;

unable to resist the commission of any such act; or

unable to communicate his or her unwillingness to participate in any such act;

“pornography” means any image, however created, or any description of a person, real or simulated, who is 18 years or older, of an explicit or sexual nature that is intended to stimulate erotic feelings, including any such image or description of such person—

engaged in an act that constitutes a sexual offence;

engaged in an act of sexual penetration;

engaged in an act of sexual violation;

engaged in an act of self-masturbation;

displaying the genital organs of such person in a state of arousal or stimulation;

unduly displaying the genital organs or anus of such person;

displaying any form of stimulation of a sexual nature of the female breasts;

engaged in sexually suggestive or lewd acts;

engaged in or as the subject of sadistic or masochistic acts of a sexual nature;