At the occasion of the Representative Council for Learners, which was held this week, the National Prosecuting Authority tabled a presentation on Gender-Based Violence:
The term “gender-based violence” refers to violence that targets individuals or groups on the basis of their gender. Both men and women experience gender-based violence, but the majority of victims are women, girls and the LGBTQIA community.
The rate of Femicide (the killing of a woman because of her gender) and Filicide (the intentional act of a parent killing their own child) is among the highest recorded in the Country.
Sexual Violence
RAPE
Any person who unlawfully and intentionally commits an act of sexual penetration with a complainant without her consent is guilty of the offence of rape.
A person must not be too young to consent (i.e. A child under the age of 16 cannot consent);
- A mentally challenged person cannot consent;
- A person who is drunk or under the influence of drugs cannot consent.
- Consent that is obtained under false pretence is not valid consent.
Penetration can occur when the perpetrator inserts any other part of the body (finger, tongue), any object (sticks, bottles), including any part of the body of an animal, into the genital organs or anus of the victim.
A victim must not be too young to consent (A child under the age of 16 cannot consent);
Having sexual intercourse with a person who is 12 years of age and older But under the age of 16 is an offence of statutory rape in contravention of section 15 of ACT 32 OF 2007 (SORMA)
So, learners, be careful when engaging in relationships and ensure that the other party is also at least 16 and older.
SEXUAL ASSAULT
Any person who unlawfully and intentionally sexually violates another person (complainant ) without the consent of that complainant is guilty of sexual assault.
In sexual assault cases – a person doesn’t rape, but they fondle the breasts of others, touch genital organs without penetrating, kiss, they cause their genitalia to touch those of others ( like rubbing themselves against their genitalia or forcing the complainant to touch their genitalia against the complainant’s consent.
Eg. Soapie of Gomora (channel 161). You would have seen that Sibongile was sexually assaulted in the car.
PORNOGRAPHY
You are advised not to commit Pornography
So, you need to be careful before recording any sexual acts – if any participant in that act is a child –your actions are manufacturing child porn in contravention of section 18 of SORMA.
When you send it to others – you are basically distributing child porn in contravention of section 19.
Sending naked pictures of yourself (selfies) to a child is an offence in terms of section19 and section 25 of SORMA.So be extremely careful- seemingly simple things like those can get you into trouble.
ADVICE TO THE EDUCATORS
In terms of section 54 of SORMA, you have a duty to report sexual offences against a child.
Section 54 of Act 32 of 2007 provides as follows:
Any person who has knowledge of a sexual offence against a child must report it immediately to a police official.
Any person who has knowledge, reasonable belief, or suspicion of a sexual offence against a mentally challenged person must report immediately to a police official.
Failure to report as recorded above makes such a person guilty of an offence – a sentence of five years imprisonment or a fine and or both.
Please note that prosecutors will stop at nothing to ensure that justice is served and that society is free from this pandemic.
