Sexual Offences Act, 1957/1988-03-04

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as amended by

Immorality Amendment Act, No. 68 of 1967 Immorality Amendment Act, No. 57 of 1969 Immorality and Prohibition of Mixed Marriages Amendment Act, No. 72 of 1985 Immorality Amendment Act, No. 2 of 1988

E IT ENACTED by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

1. In this Act, unless the contest otherwise indicates– “brothel” includes any house or place kept or used for purposes of prostitution or for persons to visit for the purpose of having unlawful carnal intercourse or for any other lewd or indecent purpose;

“court” means the court before which the charge is brought;

“house” includes a dwelling-house, building, room, out-house, shed or tent or any part thereof;

“owner” includes any person who lets or sub-lets or permits the occupation of any house or place whether in his own right or that of another;

“place” includes any field, enclosure, space, vehicle, or boat or any part thereof;

“police officer” means any member of any police force established under the authority of any law;

“unlawful carnal intercourse” means carnal intercourse otherwise than between husband and wife.

8. (1) If it appears to any magistrate on sworn information laid before him by not less than two householders of good repute that any house or place in the vicinity of the dwellings of such householders is being kept or used as a brothel or on similar information upon oath laid before him by any police officer not below the rank of sergeant, or by a welfare officer employed by a department of State responsible for Health and Welfare, a local authority or a welfare organization registered under the National Welfare Act, 1978 (Act No. 100 of 1978), the magistrate may—

issue a warrant for the arrest of the person alleged to be the keeper of such brothel; or issue a warrant authorizing any police officer not below the rank of sergeant—

to enter at any time and within such period as shall be stated in such warrant, such house or place for the purpose of ascertaining the name and identity of the keeper of such house or place; to interrogate, and to demand the name and address of any person found in or upon such house or place; and to demand, search for, and seize any account book, receipt, paper, document or thing likely to afford evidence of the commission by any person of an offence under this Act.

(2) Any person found in or upon such house or place who, when called upon to do so by the police officer conducting the search, refuses to furnish his name and address or furnishes a name or address which is false in any material particular or refuses to disclose the name or identity of the keeper of such house or place or to produce any book, receipt, paper, document or thing which he has in his possession or custody or under his control, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding R1 000 and in default of payment to imprisonment for a period not exceeding six months.

(3) The issue of a warrant under paragraph (b) of sub-section (1) shall not in any way affect the power of the magistrate to issue at any time a warrant under paragraph (a) of sub-section (1) or under any other law.

9. (1) Any person who, being a parent or guardian of any child under the age of 18 years—

permits, procures or attempts to procure such child to have unlawful carnal intercourse, or to commit any immoral or indecent act, with any person other than the procurer, or to reside in or to frequent a brothel; or orders, permits, or in any way assists in bringing about, or receives any consideration for, the defilement, seduction, or prostitution of such child,

shall be guilty of an offence.

(1A) For the purposes of subsection (1) (b) a parent or guardian whose child has been defiled or seduced or has become a prostitute, shall be deemed to have assisted in bringing about that defilement, seduction or prostitution if he has knowingly permitted his child to consort with, or to continue in the employment of, a prostitute or a person with an immoral reputation.

(2) The term “guardian” in this section includes any person who has in law or in fact the custody or control of the child.

 12A. (1) Any person who, with intent or while he reasonably ought to have foreseen the possibility that any person may have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward, performs for reward any act which is calculated to enable such other person to communicate with any such person, shall be guilty of an offence.



14. (1) Any male person who—

has or attempts to have unlawful carnal intercourse with a girl under the age of 16 years; or commits or attempts to commit with such a girl or with a boy under the age of 19 years an immoral or indecent act; or solicits or entices such a girl or boy to the commission of an immoral or indecent act,

shall be guilty of an offence.

(2) It shall be a sufficient defence to any charge under subsection (1) if it shall be made to appear to the court—

that the girl at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of 21 years and that it is the first occasion on which he is so charged; or … that the girl or person in whose charge she was, deceived the person so charged into believing that she was over the age of 16 years at the said time.

(3) Any female who—

has or attempts to have unlawful carnal intercourse with a boy under the age of 16 years; or commits or attempts to commit with such a boy or with a girl under the age of 19 years an immoral or indecent act; or solicits or entices such a boy or girl to the commission of an immoral or indecent act,

shall be guilty of an offence.

(4) It shall be a sufficient defence to any charge under subsection (3) if it shall be made to appear to the court—

that the boy at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of 21 years and that it is the first occasion on which she is so charged; or that the boy or person in whose charge he was, deceived the person so charged into believing that he was over the age of 16 years at the said time.

15. Any person who—

has or attempts to have unlawful carnal intercourse with any male or female idiot or imbecile in circumstances which do not amount to rape; or commits or attempts to commit with such a male or female any immoral or indecent act; or solicits or entices such a male or female to the commission of any immoral or indecent act,

shall if it be proved that such person knew that such male or female was an idiot or imbecile, be guilty of an offence.

20. (1) Any person who—

knowingly lives wholly or in part on the earnings of prostitution; or has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward; or

in public commits any act of indecency with another person; or in public or in private in any way assists in bringing about, or receives any consideration for, the commission by any person of any act of indecency with another person,

shall be guilty of an offence.

(2) If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house is used for purposes of prostitution and that any person residing in or frequenting the house is living wholly or in part on the earnings of prostitution, the magistrate may issue a warrant authorizing any police officer not below the rank of sergeant to enter and search the house and to arrest that person.

21. (1) Whenever in any prosecution under this Act the question is in issue whether any carnal intercourse between a male and a female was unlawful, such male and female shall be deemed to have been unmarried at the time of such intercourse unless the accused proves the contrary.

(3) Whenever in any prosecution under this Act a person is proved to reside in a brothel or to live with or to be habitually in the company of a prostitute and has no visible means of subsistence, such person shall, unless he or she satisfies the court to the contrary, be deemed to he knowingly living wholly or in part on the earnings of prostitution.

(4) Whenever in any prosecution for an offence under section 12A it is proved—

that the accused has performed any act for reward which was calculated to enable any person to communicate with any other person who is a prostitute; or that the other person with whom communication was made as a result of such act has had unlawful carnal intercourse, or has committed an act of indecency, with such person for reward,

the accused shall be presumed to have performed such act with intent or while he reasonably ought to have foreseen the possibility that such other person may have unlawful carnal intercourse, or commit an act of indecency, with such person for reward unless the contrary is proved beyond reasonable doubt.

22. Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable—

in the case of an offence referred to in section 2 or 20 (1) (a) or (aA), to imprisonment for a period not exceeding three years with or without a fine not exceeding R6 000 in addition to such imprisonment;

in the case of an offence referred to in section 9 (1), to imprisonment for a period not exceeding five years, or, if the child concerned is a boy under the age of 14 years or a girl under the age of 12 years, for life;

in the case of an offence referred to in section 10, to imprisonment for a period not exceeding seven years;

in the case of an offence referred to in section 11, 12A or 18, to imprisonment for a period not exceeding five years; in the case of an offence referred to in section 12 (1) or 13 (1), to imprisonment for a period not exceeding seven years;

in the case of an offence referred to in section 14 (1), 14 (3), 15 or 17, to imprisonment for a period not exceeding six years with or without a fine not exceeding R12 000 in addition to such imprisonment;

in the case of an offence referred to in section 18A, 19, 20 (1) (b) or (c), or 20A (1), to a fine not exceeding R4 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

25. This Act shall be called the Sexual Offences Act, 1957.