Abstract
The Sexual Offences Bill finally seems to be winding its way to conclusion in parliament. It has taken three years to reach this point since its first introduction in 2003, raising serious questions about the government’s sense of urgency in addressing sexual assault. This article looks at the Bill to establish what it really holds for victims of sexual assault.
Highlights
After its initial tabling in parliament in 2003, the Sexual Offences Bill[1] was followed in relatively short succession by public hearings and vibrant deliberations in the portfolio committee on Justice and Constitutional Development
This article looks at the Bill to establish what it really holds for victims of sexual assault
A sense of impatience on their part was understandable, given that the parliamentary process had already been preceded by a lengthy investigation by the South African Law Reform Commission [SALRC]
Summary
The Sexual Offences Bill seems to be winding its way to conclusion in parliament. Towards the end of February 2004, the drafters of the Department of Justice and Constitutional Development produced a working document with some of the changes proposed by the committee At this point, parliament adjourned for the national elections. A sense of impatience on their part was understandable, given that the parliamentary process had already been preceded by a lengthy investigation by the South African Law Reform Commission [SALRC] This investigation began its life in 1996 as an inquiry into sexual offences committed against (and by) children. The magistrate, relying on an extended definition, found the accused guilty of rape instead of indecent assault This finding was subsequently confirmed by the Pretoria High Court.[7] In his original judgment, the regional court magistrate was critical of parliament and the ‘unreasonable delays’ in the finalisation of the Bill.
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