Twenty year limit on prosecution of sexual offences lifted
Victims of sexual abuse will now be able to lay charges against perpetrators even after 20 years of the crime being committed.
THE Constitutional Court on Thursday lifted a 20 year limit on the prosecution of sexual offences.
This landmark judgment means victims of sexual abuse will now be able to lay criminal charges against their perpetrators even after 20 years of the the crime being committed.
The ConCourt ruled that the limit is ‘inconsistent with the Constitution and invalid to the extent that it bars, in all circumstances, the right to institute a criminal prosecution for all sexual offences other than rape or compelled rape, trafficking of persons for sexual purposes and using a child or person who is mentally disabled for pornographic purposes.
The unanimous judgment has been referred to as the ‘Frankel 8’ case, in reference to a group of women who sought to lay criminal charges against now late stockbroker Sidney Frankel, who they accused of being a paedophile.
Parliament has been given 24 months to ‘cure the constitutional defect’ in the Criminal Procedure Act.
‘During the period of suspension, section 18(f) of the Criminal Procedure Act is to be read as though the words ‘and all other sexual offences whether in terms of common law or statute’ appear after the words ‘the Criminal Law (Sexual Offences and Related Matters) Amendment Act‚ 2007‚ respectively’.
‘Should Parliament fail to enact remedial legislation within the period of suspension‚ the interim reading-in remedy shall become final‚’ the judgment reads.
Non-Profit Organisation Women and Men Against Child Abuse (WMACA) says this judgment is ‘a huge victory for children and adult survivors of child sexual abuse as no one should be forced to disclose their sexual abuse within a time frame in order to open a criminal case against their abuser.
‘There are many factors why children who have been sexually abused do not disclose their abuse for many decades.
‘The law acknowledged rape survivors’ rights to come forward after 20 years, but not survivors of other sexual offences. But now this judgment has changed the landscape for other survivors,’ WMACA said.
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