28 Jul 2021

 The proposed amendments to the Penal Code will enhance penalties for sexual offenders, Minister of Defence, Justice and Security, Mr Kagiso Mmusi has said.

Tabling the Penal Code Amendment Bill of 2021 before Parliament on Tuesday, Minister Mmusi said the aim was to also enhance effectiveness of the Sexual Offenders Registry Act of 2021.

He explained that amendments were necessitated by the fact that Sexual Offenders Registry Act must be read with the Penal Code in so far as penalties for sexual offences were concerned.

He also said proposed amendments, would, among other things, increase the minimum term of imprisonment from 10 to 20 years or to a maximum term of life imprisonment.

“In circumstances where the rape may have resulted in injury to the victim, the minimum imprisonment term would be increased from 15 to 25 years and where the offender was HIV positive but unaware, the sentence would be increased from 15 to 25 years,” he said.

He added that if the offender was aware that he/she was HIV positive, the sentence would be increased from a minimum of 20 years to a term of imprisonment of 30 years.

Under the proposed law, he said a new section would be introduced to the effect that where the offender was a parent of the victim or the victim was under 14 years, had a disability or was a repeat offender, then the minimum term of imprisonment would be increased to 30 years.

“It is particularly important that the punishment be more severe for the repetition or for aggravation of the offence,” he added.

Other amendments included increasing the minimum sentence for the offence of attempted rape from five to 15 years, while offence for abduction of a person for immoral purposes would be increased from seven to 15 years.

Sentences for offences for defilement would be increased from the minimum term of imprisonment from 10 to 20 years.

“Clause 7 of the bill proposes imprisonment term for the offence of defilement of mentally disabled persons, a term of imprisonment not exceeding 14 years to a term of imprisonment not exceeding 30 years,” he said.    
Furthermore, he said penalty for the offence of procuration would also be enhanced to a minimum term of imprisonment of 15 years imprisonment but not exceeding 25 years or by imposing a fine not exceeding P500 000 or both.

“In the effect that defilement was done to persons by threats, fraud or administering drugs the penalty would be enhanced to a minimum term of 15 years imprisonment but not exceeding 25 years or by imposing a fine not exceeding P500 000 or both.”

Other proposed amendments specify a penalty for the offence of a householder or owner permitting defilement to the effect that a person who permitted the defilement of a person under the age of 18 years on their premises or household would be liable to a penalty minimum of 15 years or a maximum term of 20 years.

The proposed amendments also provide for compensating victims of sexual offences for physical and psychological damage suffered such as interrupted education, loss of earnings and career opportunities, among others.

They also introduce a provision that criminalised the offence of false allegations in order to protect people against false rape accusations which were detrimental to one’s life.

“Perpetrators of sexual violence will be punished but at the same time, falsely accusing another person of a crime would be a punishable offence and the penalty for making a false allegation would be a term of imprisonment not exceeding three years,” Minister Mmusi said. ends