All hours Emergency: 072 604 5324  Contact Criminal Attorneys Cape Town on whatsapp
Sex Crimes Lawyer Cape Town

Sex Crimes Lawyer Cape Town

Criminal Lawyers specializing in Sex Crimes in Cape Town, South Africa

We are criminal lawyers in Cape Town. We specialize in Sex Crimes cases in the greater Cape Town, we can assist anytime. Call 072 604 5324 All hours for our expert assistance with your Sexual Offence case.

Are you in need for legal assistance with a Sexual Offence charge? Are you being accused of rape? Have you been accused of Indescent assualt or sexual assault? Have you been charged with posession of child pornography? Have you been arrested for any Offence in terms of the sexual Offence act? We can assist you with your sexual Offence case. We can obtain bail for yourself, a family member or friend on their sexual Offence case. We also deal with trials on charges realting to the sexual Offences act and give expert legal advice on sexual Offence cases.

Kindly call us at the abovementioned emergency number and we will get right on it.

"24 hours – we available all hours – simply call our sexual Offence expert lawyers on 072 604 5324 "

Definition of Rape

In simple terms, For purposes of the definition of rape it is important to note that the definition of rape is different before and after the sexual offences and related matters act came into operation in December of 2007.

Before the sexual offences act came into operation the definition of rape would only have been fulfilled through penetration of the vagina by a penis. Penetration of the vagina through an object or anything else other than a penis would only have constituted indecent assault.

After the sexual offences act came into operation penetration into the vagina of literally anything which includes a penis or any other object without the permission of the female now constitutes rape in terms of the new broadened definition which is included in the act.

Important to note: is that any part of any animal or person into the private part or anus of another person constitutes rape and also any private part of a person into the mouth of another person constitutes rape.

Please Note:Girls under the age of 12 years cannot legally consent to sexual intercourse, therefore it will always be rape, irrespective of circumstances

CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT 32 of 2007

The Sexual Offences act redefined my crimes and also created new crimes. The definition of rape was expanded to include offences that where previously in terms of common law categorized under other offences such as Indescent assault.

Rape: The expanded definition

Any person (A) who unlawfully and intentionally commits an act of sexual penetration with a complainant (B), without the consent of B, is guilty of the offence of rape.

sexual penetration

includes any act which causes penetration to any extent whatsoever by—

  1. (a) the genital organs of one person into or beyond the genital organs, anus, or mouth of another person;

  2. (b) any other part of the body of one person or, any object, including any part of the body of an animal, into or beyond the genital organs or anus of another person; or

  3. (c) the genital organs of an animal, into or beyond the mouth


Compelled rape

Any person (A) who unlawfully and intentionally compels a third person (C), without the consent of C, to commit an act of sexual penetration with a complainant (B), without the consent of B, is guilty of the offence of compelled rape.

Sexual assault, compelled sexual assault and compelled self-sexual assault

A person (A) who unlawfully and intentionally sexually violates a complainant (B), without the consent of B, is guilty of the offence of sexual assault.

A person (A) who unlawfully and intentionally inspires the belief in a complainant (B) that B will be sexually violated, is guilty of the offence of sexual assault

Compelling or causing persons 18 years or older to witness a sexual offences, sexual acts or self-masturbation

A person (A) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (C) or not, compels or causes a complainant 18 years or older (B), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual offence.

A person (A) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (C) or not, compels or causes a complainant 18 years or older (B), without the consent of B, to be in the presence of or watch— (a) A while he or she engages in a sexual act with C or another person (D); or (b) C while he or she engages in a sexual act with D, is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual act.

A person (A) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (C) or not, compels or causes a complainant 18 years or older (B), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a person 18 years or older to witness self-masturbation.

Exposure or display of or causing exposure or display of genital organs, anus or female breasts to persons 18 years or older (flashing)

A person (A) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (C) or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a complainant 18 years or older (B), without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a person 18 years or older.

Exposure or display of or causing exposure or display of child pornography to persons 18 years or older

A person (A) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (C) or not, exposes or displays or causes the exposure or display of child pornography to a complainant 18 years or older (B), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography to a person 18 years or older.

Statutory Rape

Girls between the ages of 12-15 years can be the victims of statutory rape

Sodomy

In simple terms it is the forceful penetration per anus between males

FCS Unit

Family Violence, Child Protection and Sexual Offences Unit




Get Online Legal Advice !

Do you have a burning criminal legal question?

Contact us and book a virtual consultation using the video platform of your choice through our contact form Contact Us and receive quick, professional and reliable legal advice, that will help guide you in the right direction.