# Sexual Offences Act, 1957/1993-12-01

This is the text of the Sexual Offences Act, 1957, as it was at 1 December 1993, that being the date on which the General Law Fourth Amendment Act, 1993, came into force in terms of Proclamation R. 123 of 1993.
Note that section 20A was declared to be unconstitutional and invalid as from 27 April 1994 by the Constitutional Court's judgment in National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others. Note further that the higher age of consent for homosexual sexual activities in section 14 was declared to be unconstitutional and invalid by the judgment in Geldenhuys v National Director of Public Prosecutions and Others; the court ruled that the age of "19" in that section must be read as "16".
Act
To consolidate and amend the laws relating to brothels and unlawful carnal intercourse and other acts in relation thereto.
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
Be 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.
2. Any person who keeps a brothel shall be guilty of an offence.
3. The following persons shall for the purposes of section two be deemed to keep a brothel:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
4. In prosecutions under this Act the onus of proving that a house or place is to be kept or used or is being kept or used as a brothel to the knowledge of the owner shall be on the prosecution: Provided that—
(a)
(b)
5. Any contract to let any house or place to be kept or used as a brothel shall be null and void.
6. Any contract of letting and hiring of any house or place which subsequently to the making of such contract becomes a brothel shall as from the date of such event be determined and become null and void: Provided that upon proof by the owner of his ignorance that the house or place was so kept or used he shall be entitled to recover the rent up to the date upon which he became aware that the house or place was being kept or used as a brothel.
7. The owner of any house or place kept or used as a brothel shall be entitled to apply to the magistrate of the district in which such house or place is situated for the summary ejectment of any person who may be keeping or using such house or place as a brothel and such magistrate shall be entitled after enquiry to order the summary ejectment of such person.
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—
(a)
(b)
(i)
(ii)
(iii)
(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—
(a)
(b)
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.
10. Any person who—
(a)
(b)
(c)
(d)
(e)
shall be guilty of an offence.
11. Any person who conspires with any other person to induce any female by any false pretence or other fraudulent means to allow any male to have unlawful carnal intercourse with her, shall be guilty of an offence.
12. Any person who takes or detains any female against her will—
(a)
(b)
shall be guilty of an offence.
(2) Where a female is in or upon any house or place for the purpose that she may be unlawfully carnally known by any male, whether a particular male or not, or is in any brothel, she shall for the purposes of this section be deemed to have been taken thereto or to be detained therein or thereon against her will—
(a)
(b)
(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 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.
13. (1) Any person who takes or detains or causes to be taken or detained any unmarried male or female under the age of twenty-one years out of the custody and against the will of his or her father or mother or guardian, with intent that such person or any other person, whether a particular person or not, may have unlawful carnal intercourse with such unmarried male or female, shall be guilty of an offence.
(2) The term “guardian” in this section includes any person who has in law or in fact the custody or control of the unmarried male or female.
14. (1) Any male person who—
(a)
(b)
(c)
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—
(a)
(b)
(c)
(3) Any female who—
(a)
(b)
(c)
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—
(a)
(b)
15. Any person who—
(a)
(b)
(c)
shall if it be proved that such person knew that such male or female was an idiot or imbecile, be guilty of an offence.
17. Any person who being the owner or occupier of any house or place or having or acting or assisting in the management or control thereof knowingly permits the use of such house or place for the purpose of any offence against any provision of this Act, shall be guilty of an offence.
18. Any person who applies, administers to or causes to be taken by any female any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower her so as thereby to enable him to have unlawful carnal intercourse with her, shall be guilty of an offence.
18A. (1) Any person who manufactures, sells or supplies any article which is intended to be used to perform an unnatural sexual act, shall be guilty of an offence.
(2) For the purposes of subsection (1), “sell” includes to offer for sale, to keep for sale or to keep in a place where goods are sold, offered or kept for sale.
19. Any person who—
(a)
(b)
shall be guilty of an offence.
20. (1) Any person who—
(a)
(aA)
(b)
(c)
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.
20A. (1) A male person who commits with another male person at a party an act which is calculated to stimulate sexual passion or to give sexual gratification, shall be guilty of an offence.
(2) For the purposes of subsection (1) “a party” means any occasion where more than two persons are present.
(3) The provisions of subsection (1) do not derogate from the common law, any other provision of this Act or a provision of any other law.
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—
(a)
(b)
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—
(a)
(b)
(d)
(e)
(f)
(g)
23. The laws specified in the Schedule are hereby repealed to the extent set out in the fourth column of that Schedule.
25. This Act shall be called the Sexual Offences Act, 1957.
Schedule.
(Section 23.)
| Province or Union. | No. and Year of Law. | Short Title or Subject of Law. | Extent of Repeal. |
| Cape. | Act No. 25 of 1893. | The Criminal Law Amendment Act, 1893. | So much as is unrepealed. |
| 〃 | Act No. 36 of 1902. | The Betting Houses, Gaming Houses and Brothels Suppression Act, 1902. | Sections 22 to 36 inclusive. |
| Transvaal. | Ordinance No. 46 of 1903. | The Immorality Ordinance, 1903. | So much as is unrepealed. |
| Orange Free State. | Ordinance No. 11 of 1903. | The Suppression of Brothels and Immorality Ordinance, 1903. | So much as is unrepealed. |
| 〃 | Act No. 19 of 1908. | The Suppression of Brothels and Immorality Amendment Act, 1908. | The whole. |
| Natal. | Act No. 31 of 1903. | The Criminal Law Amendment Act, 1903. | The whole. |
| Union. | Act No. 3 of 1916. | The Girls’ and Mentally Defective Women Protection Act, 1916. | The whole. |
| 〃 | Act No. 5 of 1927. | The Immorality Act, 1927. | The whole. |
| 〃 | Act No. 21 of 1950. | The Immorality Amendment Act, 1950. | The whole. |
| 〃 | Act No. 62 of 1955. | The General Law Amendment Act, 1955. | Section 15. |