# Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/Pending/Chapter 1

Chapter 1
Definitions and objects
Definitions and interpretation of Act
1. (1) In this Act, unless the context indicates otherwise—
“care giver” means any person who, in relation to a person who is mentally disabled, takes responsibility for meeting the daily needs of or is in substantial contact with such person;
“child” means a person under the age of 18 years and “children” has a corresponding meaning;
“child pornography” means any image, however created, or any description or presentation of a person, real or simulated, who is, or who is depicted or described or presented as being, under the age of 18 years, of an explicit or sexual nature, whether such image or description or presentation is intended to stimulate erotic or aesthetic feelings or not, including any such image or description of such person—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(i)
(ii)
any act contemplated in paragraphs (a) to (j); or
(l)
“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—
(a)
(b)
(c)
(d)
“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—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
“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 section 55 of this Act and any offence referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013, which was committed for sexual purposes;
“sexual penetration” includes any act which causes penetration to any extent whatsoever by—
(a)
(b)
(c)
and “sexually penetrates” has a corresponding meaning;
“sexual violation” includes any act which causes—
(a)
(i)
(ii)
(aa)
(bb)
(cc)
(aaa)
(bbb)
(ccc)
(dd)
(iii)
(b)
(c)
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:
(a)
(i)
(ii)
(b)
(c)
(i)
(ii)
(d)
(i)
(ii)
(iii)
(iv)
(v)
Objects
2. The objects of this Act are to afford complainants of sexual offences the maximum and least traumatising protection that the law can provide, to introduce measures which seek to enable the relevant organs of state to give full effect to the provisions of this Act and to combat and, ultimately, eradicate the relatively high incidence of sexual offences committed in the Republic by:
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
(iii)
(iv)
(v)
(f)
(g)
from being employed in a manner that places them in a position to work with or have access to or authority or supervision over or care of children or persons who are mentally disabled.