Abstract
This article considers whether evidence of sexual grooming influences decisions by South African courts when passing sentence on offenders who have been found guilty of sexual assault or rape of children. By analysing judicial decisions, the article considers three themes – the lack of violence, the apparent consent of a child under 12, and the appropriateness of correctional supervision. The article concludes that evidence of grooming should play a role in sentencing decisions, as it forms part of the nature of the crime that the court is required to consider.
Highlights
This analysis is independent of the stand-alone offence of sexual grooming in section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (SORMA) of 2007
Sexual grooming is a complex psychological process by which a child becomes compliant to the sexual advances of an older, often trusted person
This process may result in psychological trauma before sexual abuse occurs
Summary
The court’s inconsistent approach to the role of sexual grooming when sentencing in cases of the sexual abuse of children under 16. Discussing the nature of the crime and the interests of society, balanced against the interests of the offender This analysis is independent of the stand-alone offence of sexual grooming in section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (SORMA) of 2007. It canvasses decisions that have highlighted the lack of violence in an offence, and it considers two cases that were appealed as a result of judicial reliance on consent of a child under 12 when deciding on sentence It considers two cases where the courts looked into whether correctional supervision would be an appropriate sentence, and the role that evidence of grooming played in the outcome. This article concludes that evidence of grooming is an important consideration in the sentencing process for persons convicted of rape or sexual assault of children, based on the outcomes of the cases examined
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