Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/71

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140 No. 30599
Government Gazette, 14 December 2007

Act No. 32, 2007
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
No. and year of law Short title Extent of repeal or amendment

or

(c)

involving the infliction of grievous bodily harm.

Compelled rape as contemplated in section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007—

(a)

when committed—

(i)

in circumstances where the victim was raped more than once by one or more than one person;

(ii)

by a person who has been convicted of two or more offences of rape or compelled rape, but has not yet been sentenced in respect of such convictions; or

(iii)

under circumstances where the accused knows that the person committing the rape has the acquired immune deficiency syndrome or the human immunodeficiency virus;

(b)

where the victim—

(i)

is a person under the age of 16 years;

(ii)

is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or

(iii)

is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or

(c)

involving the infliction of grievous bodily harm.

Any offence referred to in section 2, 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, when it is proved that the offence has—

(a)

endangered the life or caused serious bodily injury to or the death of, any person, or any number or group of persons;

(b)

caused serious risk to the health or safety of the public or any segment of the public; or

(c)

created a serious public emergency situation or a general insurrection.

Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.”; and

(b)

the substitution for Part III of the following Part: