# Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/Pending/Chapter 2

Chapter 2
Sexual offences
Part 1: Rape and compelled rape
Rape
3. Any person (“A”) who unlawfully and intentionally commits an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of rape.
Compelled rape
4. Any person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of compelled rape.
Part 2: Sexual assault, compelled sexual assault and compelled self-sexual assault
Sexual assault
5. (1) A person (“A”) who unlawfully and intentionally sexually violates a complainant (“B”), without the consent of B, is guilty of the offence of sexual assault.
(2) A person (“A”) who unlawfully and intentionally inspires the belief in a complainant (“B”) that B will be sexually violated, is guilty of the offence of sexual assault.
Compelled sexual assault
6. A person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual violation with a complainant (“B”), without the consent of B, is guilty of the offence of compelled sexual assault.
Compelled self-sexual assault
7. A person (“A”) who unlawfully and intentionally compels a complainant (“B”), without the consent of B, to—
(a)
(i)
(ii)
(iii)
with B himself or herself;
(b)
(c)
is guilty of the offence of compelled self-sexual assault.
Part 3: Persons 18 years or older: Compelling or causing persons 18 years or older to witness sexual offences, sexual acts or self-masturbation, exposure or display of or causing exposure or display of genital organs, anus or female breasts (“flashing”), child pornography to persons 18 years or older or engaging sexual services of persons 18 years or older
Compelling or causing persons 18 years or older to witness a sexual offences, sexual acts or self-masturbation
8. (1) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a complainant 18 years or older (“B”), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual offence.
(2) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a complainant 18 years or older (“B”), without the consent of B, to be in the presence of or watch—
(a)
(b)
is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual act.
(3) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a complainant 18 years or older (“B”), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a person 18 years or older to witness self-masturbation.
Exposure or display of or causing exposure or display of genital organs, anus or female breasts to persons 18 years or older (“flashing”)
9. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a complainant 18 years or older (“B”), without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a person 18 years or older.
Exposure or display of or causing exposure or display of child pornography to persons 18 years or older
10. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of child pornography to a complainant 18 years or older (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography to a person 18 years or older.
Engaging sexual services of persons 18 years or older
11. A person (“A”) who unlawfully and intentionally engages the services of a person 18 years or older (“B”), for financial or other reward, favour or compensation to B or to a third person (“C”)—
(a)
(b)
is guilty of the offence of engaging the sexual services of a person 18 years or older.
Part 4: Incest, bestiality and sexual acts with corpse
Incest
12. (1) Persons who may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship and who unlawfully and intentionally engage in an act of sexual penetration with each other, are, despite their mutual consent to engage in such act, guilty of the offence of incest.
(2) For the purposes of subsection (1)—
(a)
(i)
(ii)
(b)
(c)
(3) (a) The institution of a prosecution of a person who is a child at the time of the alleged commission of the offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions.
(b) The National Director of Public Prosecutions may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.
Bestiality
13. A person (“A”) who unlawfully and intentionally commits an act—
(a)
(i)
(ii)
(b)
is guilty of the offence of bestiality.
Sexual act with corpse
14. A person who unlawfully and intentionally commits a sexual act with a human corpse, is guilty of the offence of committing a sexual act with a corpse.