South African Criminal Law and Victim Empowerment Quiz

South African Criminal Law and Victim Empowerment

• The South African Sexual Offences and Related Matters Amendment Act (SORMA) criminalizes various acts, including showing pornography to a child, benefiting from child pornography, exhibitionism, necrophilia, incest, sexual activities in the presence of a child, grooming of a child via the Internet, sexual exploitation of children, and child trafficking.
• The SORMA includes provisions for the provision of state-funded post-exposure prophylaxis (PEP) to prevent HIV infection for rape victims, which should be administered within 72 hours.
• Alleged sex offenders are required to take an HIV test, which is controversial but aims to provide peace of mind for victims, especially due to the potential "window period" for HIV infection.
• The SORMA provides for a national register for the protection of children against sexual offenders, listing individuals unsuitable to work with children.
• Mandatory minimum sentences for serious crimes, including life imprisonment for certain types of murder and a minimum of 15 years for other types of murder, have been in force since 1997.
• The legislation allows the presiding officer to deviate from the minimum sentence if substantial and compelling reasons exist, though it does not define these reasons.
• A case involving a 23-year-old man who raped two girls under 16 years, where the presiding officer cited the girls' previous sexual activity and lack of physical or psychological harm as mitigating circumstances, highlights the need for training judges and magistrates on victimization.
• The Criminal Law (Sentencing) Amendment Act 38 of 2007 specifically excludes certain justifications for imposing a lesser sentence than the prescribed minimum sentence, such as the complainant's previous sexual history and an apparent lack of physical injury to the complainant.
• Victim support and empowerment are essential in South Africa due to the high crime rate and the negative impact of victimization on physical, financial, and emotional levels.
• Victims have various needs, including emotional support, acknowledgment of their loss and trauma, practical assistance, information about the criminal justice system, understanding, and contact with the judicial process.
• The objectives of victim empowerment include reducing psychological shock and trauma, identifying symptoms of PTSD, preventing or reducing secondary victimization by the criminal justice system, and preventing repeat victimization.
• Victim support focuses on meeting the immediate needs of victims, such as emotional and practical assistance, while victim empowerment aims to provide victims with tools and resources to prevent future victimization and navigate the criminal justice system.

South African Laws Protecting Victims of Harassment and Sexual Offences

• Common myths about women seeking protection orders include getting back at partners, replacing them with a boyfriend, or facing no real danger, but in reality, one in five women seeking legal protection are threatened with harm by their domestic partners.
• The Protection from Harassment Act 17 of 2011 addresses harassment and similar violations outside the domestic sphere, offering protection orders for various circumstances like stalking, cyberbullying, and bullying in educational settings.
• Victims can apply for protection orders or lay charges for offenses including crimen injuria, assault, trespassing, or extortion, with provisions for children to apply for protection orders and seizure of weapons.
• The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) legislates a comprehensive state response to sexual offences, defining rape and sexual assault and emphasizing the need for consent and coercive circumstances.
• The Act also contained controversial sections on consensual sexual violation, criminalizing certain sexual interactions between children, which have been deemed unconstitutional and amended.
• The Act tightened the 'rape shield' to protect complainants from inappropriate focus on their character and previous sexual experiences, allowing such evidence only with court permission and considering various factors.
• Other protective measures under the Act include the use of intermediaries and CCTV to protect complainants, abolition of the corroboration rule for rape victims, and restrictions on inferences drawn from the absence of previous statements or delayed reporting of sexual offences.
• Courts are cautioned against drawing conclusions about a person's credibility as a victim based solely on delayed reporting of sexual offences, recognizing that many victims report the offense after a significant period or delay due to various reasons.