Issued by: South African Law Commission

The Working Committee of the South African Law Commission approved the publication of an issue paper on sexual offences against children on 31 May 1997. The aim of the investigation is to elicit comments on the issues pertaining to sexual offences against children and to use these comments to assist the Commission in identifying the most suitable options for reform. This investigation does not address sexual offences committed by children as this forms the subject matter of the Commission's investigation into juvenile justice (Project 106).

Throughout the world there is a general awareness that child abuse and neglect is a serious and growing problem and South Africa is no exception. The prevalence of child abuse in South Africa is staggering: In 1996, the Child Protection Unit of the SAPS alone dealt with 35 838 cases of crimes against children, which represents an average increase of 36% per year since 1993.

Many, if not most, reported cases of child sexual abuse are dealt with by structures other than the police, particularly the social services. Child Welfare Societies affiliated to the S A National Council for the Child and Family, which form only one of the relevant social services groupings, in 1996 dealt with an average of 9 398 cases per month involving severe neglect (77%) or physical or sexual abuse (23%). Furthermore, it is a well-known fact that only a small percentage of crimes against children are actually reported.

Given that many forms of child abuse and neglect are crimes, the relevant aspects of criminal law as well as the associated processes, procedures, structures and resources are crucial components of any child protection system. With a view to review the law, the paper invites the reader to make proposals on various common law offences such as rape, incest, indecent assault, unnatural sexual offences and crimen injuria; the statutory offences created by the Sexual Offences Act, 1957, the Child Care Act, 1983, the Films and Publications Act, 1996; and customary law. The investigation also presents an opportunity to rethink certain rules of evidence such as the cautionary rule, the need for corroboration, and evidence of the sexual history of the complainant.

Many cases of sexual abuse of children take place in the intra-familial context. These cases then often form the subject of a children's court inquiry in terms of the Child Care Act, 1983, as well as a criminal process. Children's court enquiries have their own problems and this paper invites proposals to improve the efficiency of the present system.

In the light of the difficulties experienced with the criminal justice processes, the paper also invites proposals for the improvement of the efficiency of the criminal justice system. This includes steps making it easier for children to disclose sexual abuse; making the court process more child friendly; and making it easier for children to give evidence in court. The paper also invites proposals on the need for mandatory or voluntary reporting of child abuse and a register for offenders or victims. Proposals are further invited on steps to streamline the police investigation in child sexual abuse cases; ways to ease the medical examination of the child victim; the treatment of offenders; the treatment of victims; and sentencing options.

Written comments or representations should reach the Commission by 31 August 1997 at the address below.

The issue paper is obtainable free of charge on request from the offices of the Commission. The Commission's offices are situated on the 8th floor, 228 Visagie Street, Pretoria. The telephone number is (012) 322 6440 (requests for the issue paper: Mrs P Kotze); the fax number is (012) 320 0936; and the postal address is Private Bag X668, 0001. E-mail: salawcom@cis.co.za

ISSUED BY THE SECRETARY, SA LAW COMMISSION, PRETORIA

DATE: 18 JUNE 1997

CONTACT PERSON FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MR GO HOLLAMBY TEL (012) 322 6440