The trafficking of children for purposes of sexual exploitation

Section 14(1) deals with sexual offences against children and states that 'any male is guilty of an
offence who
(a) has or attempts to have unlawful carnal intercourse with a girl under the age of 16 years; or
(b) commits or attempts to commit with such girl or with a boy under the age of 19 years an
immoral or indecent act; or
(c) solicits or entices such a girl or boy to the commission of an immoral or indecent act.
Subsection 3 deals with the same conduct as the mentioned above, but reverses the sexes.
A problem here is the different age limits that would define whether an offence is committed. In
relation to sexual intercourse, the age is 16 and in case of immoral or indecent acts the age is 19.
Section 18 of the Act prohibits any use of drugs, etc. for purposes of defilement of females. This
provision allows for the protection of women who had been drugged to ensure their compliance in
their sexual exploitation.
• Proposed Draft Sexual Offences Bill
The preamble of the proposed Draft Sexual Offences Bill (1999) highlights that 'children are
particularly vulnerable to sexual offences including commercial sexual exploitation' and that
current legislation fails
to deal effectively and in a non-discriminatory manner with activities associated with sexual
offences, thereby failing to provide adequate protection against sexual exploitation to the victims of
such activities.
The focus here is on Chapter 3 which deals with sexual offences against children and Chapter 5
which deals with the commercial sexual exploitation of children.
To provide for a more substantive protection for child victims of sexual offences, 'child' is defined
as a person under the age of 16 for the purpose of sexual offences against children (Chapter 3), and
under the age of 18 for the purpose of sexual exploitation of children (Chapter 5).
'Brothel' is defined as 'any movable or immovable property where the commercial sexual
exploitation of children occurs' which is a very inclusive definition.
'Commercial sexual exploitation' is defined as 'engaging the services of a child, or offering such
services to any person, to perform a sexual act for financial or other reward, favour or
compensation to the child or to any other person'.
The Bill also provides for a broad meaning of 'coercive circumstances' and 'sexual penetration',
which specifies clearly that, in relation to a child under the age of 12, sexual penetration under any
kind of coercion constitutes rape. It further provides a much broader meaning to 'sexual penetration'
than 'carnal intercourse' (terminology used in Sexual Offences Act).
Chapter 2 provides for the prosecution of rape, compelled sexual acts, the inducement to allow
sexual acts, and the administering of substances for purposes of sexual acts. Section 3 makes it an
offence for any person to intentionally compel another person to engage in a sexual act with that
person or any other person or himself or herself. In the context of trafficking of children for the
purpose of sexual exploitation this makes a pimp or any other person who coerces a child to submit
to sexual exploitation guilty of an offence under this section.
Section 4 makes any person guilty of an offence 'who intentionally induces another person by false
pretence or fraudulent means to allow him or her to commit a sexual act with that person'. This
would also apply to the trafficker who under false pretences (i.e. offer of employment) induces
78