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Relevant bibliographies by topics / Sections 15 and 16, Criminal Law (Sexual Offences and Related Matters) Amendment Act

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Academic literature on the topic 'Sections 15 and 16, Criminal Law (Sexual Offences and Related Matters) Amendment Act'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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Journal articles on the topic "Sections 15 and 16, Criminal Law (Sexual Offences and Related Matters) Amendment Act"

1

Stevens, Philip. "RECENT DEVELOPMENTS IN SEXUAL OFFENCES AGAINST CHILDREN – A CONSTITUTIONAL PERSPECTIVE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 26, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a724.

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This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The latter is addressed against the backdrop of the Constitutional Court judgments in Teddybear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR) 327 (CC) and J v National Director of Public Prosecutions 2014 (2) SACR (CC). These two judgments had a profound impact in terms of shaping newly formulated sexual offences in line with con

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2

David McQuoid-Mason. "THE PRACTICE OF “UKUTHWALWA”, THE CONSTITUTION AND THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT." Obiter 30, no. 3 (2021). http://dx.doi.org/10.17159/obiter.v30i3.12414.

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The practice of “ukuthwalwa” has been described as a “mock abduction” or an “irregular proposal” aimed at achieving a customary law marriage. It has been said that ukuthwalwa may be used for a number of purposes, such as: (a) to force the father to give his consent; (b) to avoid the expense of a wedding; (c) to hasten matters if the woman is pregnant; (d) to persuade the woman of the seriousness of the suitor’s intent; and (e) to avoid payment of lobolo. At common law the courts have stated that ukuthwalwa should not be used “as a cloak for forcing unwelcome attentions on a patently unwilling

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3

Botha, Louis, and Delene Strydom. "HUMAN TRAFFICKING AND PROSTITUTION: BAND OF BROTHERS." Pretoria Student Law Review, no. 3 (2009). http://dx.doi.org/10.29053/pslr.v3i.2163.

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On 14 December 2000 South Africa signed the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (‘the Palermo Protocol’), and on 20 February 2004 ratified it. In so doing, South Africa committed itself to criminalising trafficking and developing legislation to combat it. On 3 October 2007 Essop Pahad, speaking at the Global Initiative to Counter Human Trafficking International Forum, said the National Prosecuting Authority had been tasked with coordinating this process and had formed an inter-sectoral task team to oversee the development of legisla

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Dissertations / Theses on the topic "Sections 15 and 16, Criminal Law (Sexual Offences and Related Matters) Amendment Act"

1

Williams, Clara. "Sweet sixteen and never been kissed? statutory discrepancies with respect to the age of consent to sexual acts." Diss., 2013. http://hdl.handle.net/2263/36806.

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The phrase “sweet sixteen and never been kissed” refers to the innocence of childhood and the coming of age of children. It also relates to the increased need for autonomy by adolescents. However, it is highly improbable that the average child in South Africa, when reaching the age of sixteen years, has never been kissed. Children’s rights are categorised as rights of protection (the state and parents have a duty to protect children from sexual abuse and exploitation) and rights of autonomy. The Choice on Termination of Pregnancy Act 92 of 1996 provides for the right of female children of an

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2

Ward, Lelanie. "Kinders betrokke by instemmende seksuele handelinge / Lelanie Ward." Thesis, 2014. http://hdl.handle.net/10394/12226.

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Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investi

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