Abstract
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 constitutional principles ultimately culminating in the enactment and commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015. The approach by the Constitutional Court in both of the abovementioned judgments is discussed and assessed. An analysis is provided of the Amendment Act with specific reference to its impact on sexual offences against children.
Highlights
If our job is to protect our children, why in the heck would we want to make them sex offenders for the rest of their lives?1Sexual offences against children have undergone radical reform since the advent of the Constitution of the Republic of South Africa.2 The Constitution formally commenced on 4 February 1997
This Act is addressed against the backdrop of the Constitutional Court judgments in Teddybear Clinic for Abused Children v Minister of Justice and Constitutional Development and J v National Director of Public Prosecutions
From the outset the Constitutional Court emphasised that the matter did not deal with the question as to whether or not children should engage in sexual conduct, but rather whether it was constitutionally sound to subject children to criminal sanctions in order to prevent them from engaging in early sexual conduct
Summary
How to cite this article Stevens P "Recent Developments in Sexual Offences against Children – A Constitutional Perspective" PER / PELJ 2016(19) - DOI http://dx.doi.org/10.17159/1727 -3781/2016/v19i0a724 This work is licensed under a Creative Commons Attribution 4.0 International License. DOI http://dx.doi.org/10.17159/1727 -3781/2016/v19i0a724
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
