Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/9

16 No. 30599

Act No. 32, 2007 engaged in any conduct or activity characteristically associated with sexual intercourse; or

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

“Republic” means the Republic of South Africa;

“sexual act” means an act of sexual penetration or an act of sexual violation;

“sexual offence” means any offence in terms of Chapters 2, 3 and 4 and sections 55 and 71(1), (2) and (6) of this Act;

“sexual penetration” includes any act which causes penetration to any extent whatsoever by—

the genital organs of one person into or beyond the genital organs, anus, or mouth of another person;

any other part of the body of one person or, any object, including any part of the body of an animal, into or beyond the genital organs or anus of another person; or

the genital organs of an animal, into or beyond the mouth of another person,

and “sexually penetrates” has a corresponding meaning;

“sexual violation” includes any act which causes—

direct or indirect contact between the—

genital organs or anus of one person or, in the case of a female, her breasts, and any part of the body of another person or an animal, or any object, including any object resembling or representing the genital organs or anus of a person or an animal;

mouth of one person and—

the genital organs or anus of another person or, in the case of a female, her breasts;

the mouth of another person;

any other part of the body of another person, other than the genital organs or anus of that person or, in the case of a female, her breasts, which could—

be used in an act of sexual penetration;

cause sexual arousal or stimulation; or

be sexually aroused or stimulated thereby; or

any object resembling the genital organs or anus of a person, and in the case of a female, her breasts, or an animal; or

mouth of the complainant and the genital organs or anus of an animal;

the masturbation of one person by another person; or

the insertion of any object resembling or representing the genital organs of a person or animal, into or beyond the mouth of another person,

but does not include an act of sexual penetration, and “sexually violates” has a corresponding meaning; and

“this Act” includes any regulations made under this Act, including the regulations made under sections 39, 53 and 67.

(2) For the purposes of sections 3, 4, 5(1), 6, 7, 8(1), 8(2), 8(3), 9, 10, 12, 17(1), 17(2), 17(3)(a), 19, 20(1), 21(1), 21(2), 21(3) and 22, “consent” means voluntary or uncoerced agreement.

(3) Circumstances in subsection (2) in respect of which a person (“B”) (the complainant) does not voluntarily or without coercion agree to an act of sexual penetration, as contemplated in sections 3 and 4, or an act of sexual violation as contemplated in sections 5(1), 6 and 7 or any other act as contemplated in sections 8(1), 8(2), 8(3), 9, 10, 12, 17(1), 17(2), 17(3)(a), 19, 20(1), 21(1), 21(2), 21(3) and 22 include, but are not limited to, the following:

Where B (the complainant) submits or is subjected to such a sexual act as a result of—