NEW CRIMES AND OLD PROCEDURES Can the new Sexual Offences Bill deliver on its promises?

This research paper by Lisa Vetten analyzes the Criminal Law (Sexual Offences and Related Matters) Amendment Bill passed by the South African National Assembly on 23 May 2007. While the author acknowledges the Bill's success in updating substantive law by creating new sexual offences and expanding definitions of rape, she argues that it fails to deliver on its promises regarding procedural reforms and victim support. The paper highlights the omission of comprehensive health services and the failure to implement recommended protections for vulnerable witnesses in court.

• The Criminal Law (Sexual Offences and Related Matters) Amendment Bill, passed on 23 May 2007, introduces a gender-neutral definition of rape that recognizes men and boys can be victims and women can be perpetrators. 'Sexual penetration' is expanded to include penetration of the genital organs, anus, or mouth using a penis, any other body part, an object, or an animal's body part.
• The Bill establishes several new specific crimes, including 'sexual assault' (replacing 'indecent assault'), 'compelled rape' (forcing someone to rape a third party), and 'compelled self-sexual assault' (coercing someone to masturbate). It also criminalizes the purchase of sex from adults.
• New protections are introduced for children and mentally disabled persons, including the criminalization of 'sexual grooming' and 'sexual exploitation'. The age of consent is set at 16; consensual sexual penetration between children aged 12 to 16 requires written permission from the National Director of Public Prosecutions for prosecution, and both parties must be prosecuted if action is taken.
• The Bill enables the creation of a national register of sex offenders. Individuals convicted of sexual offences against children or mentally disabled persons are prohibited from working with, supervising, or caring for children, as well as becoming foster or adoptive parents. Employers and licensing authorities are required to check this register.
• The author criticizes the Bill's limited provision for rape survivors, noting that it only explicitly provides for post-exposure prophylaxis (PEP), which was already available via a 2002 Cabinet decision. The Bill ignores South African Law Reform Commission (SALRC) recommendations for state-funded comprehensive medical care, treatment, and counselling for physical and psychological injuries.
• The Bill is found lacking in court protections for victims. It removed SALRC recommendations to designate 'vulnerable witnesses' (which would mandate protective measures), to make the CCTV system more accessible to adults, and to allow support persons in court to reduce emotional trauma.
• While the Bill improves rules of evidence by prohibiting the use of reporting delays to cast doubt on credibility and abolishing certain cautionary rules for sexual offence complainants, it retains the cautionary rule for children's evidence and fails to adopt the presumption that all children are competent to testify.

APA

Vetten, L. (2007). NEW CRIMES AND OLD PROCEDURES Can the new Sexual Offences Bill deliver on its promises? Institute for Security Studies. https://issafrica.org/01-dec-2007-sacq-22/01-dec-2007-new-crimes-and-old-procedures-can-the-new-sexual-offences-bill-deliver-on-its-promises-lisa-vetten

Chicago

Vetten, Lisa. NEW CRIMES AND OLD PROCEDURES Can the new Sexual Offences Bill deliver on its promises? Institute for Security Studies, 2007. https://issafrica.org/01-dec-2007-sacq-22/01-dec-2007-new-crimes-and-old-procedures-can-the-new-sexual-offences-bill-deliver-on-its-promises-lisa-vetten.

Wikipedia

{{cite report |last1=Vetten |first1=Lisa |title=NEW CRIMES AND OLD PROCEDURES Can the new Sexual Offences Bill deliver on its promises? |publisher=Institute for Security Studies |date=December 2007 |url=https://issafrica.org/01-dec-2007-sacq-22/01-dec-2007-new-crimes-and-old-procedures-can-the-new-sexual-offences-bill-deliver-on-its-promises-lisa-vetten |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{vetten2007new, author = {Vetten, Lisa}, title = {{NEW CRIMES AND OLD PROCEDURES Can the new Sexual Offences Bill deliver on its promises?}}, institution = {Institute for Security Studies}, year = {2007}, month = dec, url = {https://issafrica.org/01-dec-2007-sacq-22/01-dec-2007-new-crimes-and-old-procedures-can-the-new-sexual-offences-bill-deliver-on-its-promises-lisa-vetten}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }