Sexual Offences Act, 1957/2007-12-16

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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 Criminal Law Amendment Act, No. 4 of 1992 General Law Amendment Act, No. 139 of 1992 General Law Fourth Amendment Act, No. 132 of 1993 Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007

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;

“female” means a female person 18 years or older;

“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.

12. Any person who takes or detains any female against her will—

to or in or upon any house or place with intent that she may be unlawfully carnally known by any male, whether a particular male or not; or to or in a brothel,

shall be guilty of an offence.

(3) Any person shall be deemed to detain a female in or upon any house or place or in a brothel if, with intent to compel or induce her to remain in or upon such house or place or in such brothel, such person withholds from her any wearing apparel or other property to the possession of which she is entitled or which has been lent or supplied to her by such person or for the purposes of prostitution; and any such female shall be justified in taking away such wearing apparel as is necessary to enable her to leave such house or place or brothel.

 12A. (1) Any person who, with intent or while he reasonably ought to have foreseen the possibility that any person, who is 18 years or older, 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, who is 18 years or older, shall be guilty of an offence.



19. (1) Any person who entices, solicits, or importunes in any public place for immoral purposes shall be guilty of an offence.

(2) Any person 18 years or older who wilfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place to which the public have access, shall be guilty of an offence.

20. (1) Any person who—

knowingly lives wholly or in part on the earnings of prostitution; 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.

(1A) Any person 18 years or older who—

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,

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.





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 (1A)(a), 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 12A, with a fine, or imprisonment for a period not exceeding five years; in the case of an offence referred to in section 10 or 12 (1), to imprisonment for a period not exceeding seven years; in the case of an offence referred to in section 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 19 or 20(1)(c) or (1A)(b), 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.