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The trafficking of children for purposes of sexual exploitation

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"Shadrack from Zimbabwe, said "Most truck drivers prefer young girls because they charge less -<br />

about R50 - and always consent to sex without a condom.<br />

"He said that many drivers claim that young girls pose a lesser risk <strong>of</strong> contracting <strong>sexual</strong>ly<br />

transmitted diseases (STDs).<br />

Others believe in the myth that sleeping with virgins cure STDs. 91<br />

7. Trafficking routes<br />

<strong>The</strong> in-country <strong>trafficking</strong> <strong>of</strong> <strong>children</strong> takes place between provinces from city to city and rural<br />

areas to cities. It can also take place within provinces from rural to urban areas. Several sources<br />

identified the traffic <strong>of</strong> <strong>children</strong> from KwaZulu Natal to Gauteng and the Western Cape and from<br />

the Eastern Cape to Gauteng and the Western Cape. If this is a fair reflection <strong>of</strong> the inter-provincial<br />

traffic in <strong>children</strong> then it would be reasonable to assume that Gauteng and the Western Cape are<br />

provinces <strong>of</strong> destination and the Eastern Cape and KwaZulu Natal are provinces <strong>of</strong> origin.<br />

<strong>The</strong> most commonly reported <strong>trafficking</strong> routes however are those that do not need long distances<br />

to travel. <strong>The</strong>se are indicated by the <strong>trafficking</strong> <strong>of</strong> <strong>children</strong> from in<strong>for</strong>mal settlements in the north <strong>of</strong><br />

Johannesburg to the northern suburbs <strong>of</strong> Johannesburg. In areas where gangs operate <strong>children</strong> can<br />

be abducted and held captive in their own community as in the case <strong>of</strong> in<strong>for</strong>mal settlements in<br />

Johannesburg and several unconfirmed reports <strong>of</strong> a similar situation in Mitchell's Plain, in Cape<br />

Town. As is indicated in the case study in Chapter 6, <strong>children</strong> can be abducted and held a few<br />

kilometres from their parental homes.<br />

8. Police investigations and the law<br />

Police investigations are hampered by a number <strong>of</strong> factors. Firstly there is no legal prohibition<br />

against the traffic <strong>of</strong> people. 92 Secondly reporting is low because families are <strong>of</strong>ten involved in the<br />

traffic <strong>of</strong> <strong>children</strong>, or families are indebted to traffickers. 93 Families and trafficked <strong>children</strong> fear<br />

reprisal from traffickers, who <strong>of</strong>ten include hardened criminals such as gangsters. 94<br />

In addition, current legislation does not expressly prohibit child prostitution. It is however a crime<br />

to have sex with a child under the age <strong>of</strong> sixteen. <strong>The</strong> State can bring a charge <strong>of</strong> statutory rape,<br />

irrespective <strong>of</strong> whether the child consented or not.<br />

<strong>The</strong> Sexual Offences Act 95 expressly prohibits the <strong>sexual</strong> abuse and <strong>exploitation</strong> <strong>of</strong> <strong>children</strong> but<br />

places the onus <strong>of</strong> pro<strong>of</strong> on the child, in that Section 14 2 (a) and (c) provide those who exploit<br />

<strong>children</strong> in this way with the defence<br />

'that the girl at the time <strong>of</strong> the commission <strong>of</strong> the <strong>of</strong>fence, was a prostitute'<br />

or<br />

'that the girl or person in whose charge she was, deceived the persons into believing that she was<br />

over the age <strong>of</strong> sixteen.'<br />

More recent laws however do criminalise child prostitution, if a third party such as a brothel owner<br />

or pimp is involved. Where the exchange happens without third party involvement there is no<br />

criminal liability on the part <strong>of</strong> the sex exploiter. <strong>The</strong> Child Care Act provides <strong>for</strong> a maximum<br />

sentence <strong>of</strong> ten years <strong>for</strong> sex exploiters. 96<br />

91 From C. Bhengu: 'Mothers, daughters vie <strong>for</strong> steamers' Sowetan 2/2/00<br />

92 Interview with Senior Superintendent A. Pienaar Section Head <strong>of</strong> the Family Violence, Child Protection and Sexual<br />

Offences Unit, Pretoria and interview with Superintendent van der Westhuizen and Captain Swart <strong>of</strong> the Aliens<br />

Investigation Unit (Pretoria)<br />

93 Interview with investigating <strong>of</strong>ficer at a Cape Town police station<br />

94 Ibid<br />

95 Sexual Offences Act 23/1957 as amended in 1988<br />

96 <strong>The</strong> Child Care Act 74/1983 as amended in 1999<br />

34

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