NOTHING NEW WITH SODV ACT - AG

MBABANE – The public has been left divided over the SODV Act. Following an article where clubbers were warned of being arrested if found to have unlawfully touched or brushed against another while partying, social media was abuzz with people sharing their differing opinions.

A number of people felt if the provisions of the Sexual Offences and Domestic Violence (SODV) Act 15/2018 were to be applied in dance floors at nightclubs and parties, the fun of partying would become non-existent. While supporting their argument, they said the sole purpose of attending a party was to have fun and also dance with other clubbers.

On the other hand, comments that filled the popular social network platform, Facebook, showed that most users did not believe that Section 48(1) was meant for occasions such as a party or a hang out spot.
They were of the idea that the Act was constructed to deal with someone touching, fondling or rubbing against someone with the intention of sexual gratification or the intention to humiliate the victim.

Imprisonment

Section 48(1) provides as follows; a person who sexually harasses another commits an offence and shall, on conviction be liable to pay a fine not exceeding E25 000 or to imprisonment for a period not exceeding 10 years or both.
Section 48(2) states that sexual harassment is committed where; a person subjects another to an unsolicited act of physical intimacy, including but not limited to, physical contact such as patting, pinching, or touching in a sexual way or unnecessary familiarity such as deliberately brushing against another.

Some Facebook users felt a club scene or dance floor had nothing to do with the Act. Meanwhile, a legal expert, who preferred to remain anonymous, said an unlawful physical contact could take place in a dance floor, however, he said the challenge would be gathering proof to be used in court.

Complainant

“The most important thing in this matter would be to determine if physical contact did take place and if the complainant had agreed to it,” the legal expert said.
When contacted, Attorney General Sifiso ‘Mashampu’ Khumalo said there was nothing new about this Act as it has always been there.
“Everyone knows it is unlawful to touch another person without their consent, be it in a bar, club or on the street, once there is an element of force against someone then it is unlawful.

Consent

‘‘If you touch a person without their consent while dancing then you are in for it,” Khumalo said.
Moreover, he explained that if two adults agreed to dance and touch each other, there was no problem with that. He said dancing in a club was lawful as long as there was no law being broken.

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