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OFFENCES INVOLVING CHILDREN

25/07/2019 00:22:00 By SODV AND ME

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There are clauses in the Sexual Offences and Domestic Violence Act (SODV Act) of 2018 that have become popular and cannot be left out of conversations.
These are clauses such as rape, sexual harassment, unlawful stalking and flashing. There are also those that are occasionally discussed such as incest, abduction and domestic violence.

All clauses that are in the Act are significant and it is important that we observe and know them all. Today we will discuss what the SODV Act says about offences involving children.

The first one we will discuss in this article is indecent treatment of children.

violation

The law stipulates in Clause 36 that; “A person who - a) unlawfully and indecently deals with a child b) unlawfully procures a child to commit a sexual violation c) unlawfully permits himself or herself to be unlawfully dealt with by a child d) wilfully and unlawfully exposes a child to a sexual violation by that person or any other person e) without legitimate reason, wilfully exposes a child to any indecent object or any indecent film, videotape, audiotape, picture, photograph, image or printed or written matter or f) without legitimate reason, takes any decent visual image of a child – commits an offence.”

It goes on to explain that on conviction, the person is liable to a term of imprisonment not exceeding 20 years and 25 years if the child is 12 years and above and below the age of 12, respectively.

When the provision says ‘deals with’, it means doing an act which would constitute an assault as defined by the Act.
The Act defines assault as ‘striking, touching or moving or otherwise apply force of any kind to, the person of another, either directly or indirectly, without the consent of that other person, or with the consent of the other person if the consent is obtained by fraud, or any unconsented bodily act or gesture attempt or threat to apply force of any kind to the person of another and without the consent of the other person, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the purpose of that person’.

Woman

A few months ago, there was a newspaper article of a 24-year-old woman who was arrested and sentenced 8 years with no option of a fine for being in a relationship with a 17-year-old boy.
This offence is called ‘maintaining a sexual relationship with a child’. Remember that a child is a person under the age of 18.
So if anyone gets into a sexual relationship with anyone who is below the age of 18, then that person faces up to 20 years imprisonment, with no option of a fine.

The Act states that; ‘An adult may be charged not only with the offence of maintaining a sexual relationship with a child but also with one or more other offences contained in the Act alleged to have been committed by the adult in relation to the child in the course of the alleged relationship’.
When the Act refers to sexual relationship, it means a relationship that involves more than one sexual act with a child over any period of time.

compelling

Another offence that involves children is ‘compelling or causing children to witness sexual offences, sexual acts or self-masturbation’.
The Act provides that it does not matter if it is for their sexual gratification or that of a third person or causes a child to be present or to watch that person or a third person a) while committing a sexual offence, or b) engaging in an act of self-masturbation.

This person commits an offence and will be liable to a term of imprisonment not exceeding 15 years.
Section 153 states that if anyone is found guilty of any of the offences in the Act, they cannot use ‘consent’ as a defence.
That someone allowed you or agree that you commit the offence on that person, cannot be a defence.

It is clear that the SODV Act is concerned about human rights and is here to ensure that the rights of all emaSwati, women, men and children are protected.