The trafficking of children for purposes of sexual exploitation

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foreign nationals to come to this country and submit them to sexual exploitation immediately after their arrival. In addition it would apply to any person who induces citizens or residents of this country to go to another country for the purpose of their sexual exploitation. Chapter 3 of this Bill deals with sexual offences against children. As mentioned earlier, for the purpose of this chapter a child is a person below the age of 16. Section 7 entitled 'child molestation' is in part a reformulation of the statutory rape provision in Section 14(1) of the Sexual Offences Act. It also aims to provide for prosecution of offenders based on the fact that he or she is 2 years older than the child. It does however not provide for sexual offences against children committed by children. Furthermore, under the provision of this section and in relation to the defence of sexual crimes, a child below the age of 16 cannot consent to any sexual act. Section 7 reads: 1) Any person who intentionally commits a sexual act with a child, at least two years younger than him or her, shall be guilty of an offence 2) Any person who commits any act with the intent to invite or persuade a child, at least two years younger than him or her, to allow any person to commit a sexual act with that child shall be guilty of an offence 3) Consent by a child to any sexual act shall not be a defence to a charge under this section. The above would certainly be applicable to the pimp, aged 22, who 'obtains' a child, aged 15, to have sex with before offering this child to potential 'clients'. Section 8 allows for the prosecution of any person who persistently abuses a child and defines persistence as two or more occasions during a specified 12 month period. Even though this Section makes continuous sexual abuse as well as any other unlawful sexual acts an offence it still potentially hinders prosecution of sex offenders due to the limited time frame of 12 months within which the abuse has to occur. The sexual exploiter who continuously engages a child in sexual activities is therefore guilty of an offence. This would apply to the 'client' of the brothel engaging the same child repeatedly in sexual acts as much as to the 'buyer' of a child bride. Chapter 5 of this proposed Bill is titled 'commercial sexual exploitation of children' and deals with offences related to child prostitution, keeping a brothel to that effect, offering or engaging a child for, facilitating or allowing of, or receiving consideration from commercial sexual exploitation. For the purpose of this chapter, a child is a person below the age of 18. Section 10 declares it an offence for any person to intentionally commit a sexual act with a child and to intentionally invite, persuade or induce a child to commit a sexual act in exchange for financial and/or non-financial gain. It also provides for the prosecution of any person who participates or is involved in the commercial sexual exploitation of a child. This section is a reformulation of Section 9 of the Sexual Offences Act. Section 10 of this Bill reads: 1) Any person who intentionally commits a sexual act with a child for financial or other reward, favour or compensation to the child or to any other person, is guilty of an offence. 2) Any person who intentionally invites, persuades or induces a child to allow him or her or any other person to commit a sexual act with that child for financial or other reward, favour or compensation to the child or to any other person, is guilty of an offence. 3) Any person who intentionally participates in, or is involved in, the commercial sexual exploitation of a child is guilty of an offence. Even though this section provides a broad scope for the prosecution of any person who directly or indirectly participates, is involved in, enables and facilitates children's commercial sexual 79
exploitation, it fails to lay legal obligations on any person 'who knows' of such crimes being committed and does not report them. This means that a nurse in a private hospital who treats a 13 year old girl repeatedly for sexually transmitted diseases or finds bruises indicating rape has no obligation under this Act to report this to the police. In that way, one could argue, the nurse facilitates further sexual exploitation of that child. Section 11 provides for the prosecution of any person who intentionally keeps a 'brothel', including the persons who own, lease, rent, manage, occupy or have control of such a 'brothel'. This section is formulated and extended on the basis of Section 2 of the Sexual Offences Act. It does however, not include the legal obligation of any person who knows of a 'brothel' to report it. In this regard Section 50A of the Child Care Act goes further (with the above discussed limitations) in the prohibition of commercial sexual exploitation since it includes the legal responsibility of any person 'who has knowledge of such offences to report them to the police. This translates into the fact, that a neighbour 'knowing' of a 'brothel' in the community has, under this proposed legislation, no legal responsibility, but merely a moral responsibility to report such an offence. Under this proposed Bill it is an offence for any person to intentionally offer or engage a child for purposes of commercial sexual exploitation (Section 12), and to intentionally facilitate, directly or indirectly, such exploitation (Section 13, subsection 1). It further provides in Section 13(2) for prosecution of any parent, guardian or caregiver of a child who intentionally allows the commercial sexual exploitation of that child. The trafficker or pimp, the parent, guardian or caregiver as well as any other person (such as the taxi driver) who is directly or indirectly involved in activities aimed at facilitating access to children for the purpose of sex are, according to this section, guilty of an offence. Despite the fact that activities related to trafficking of children for the purpose of their sexual exploitation are covered by Sections 12 and 13, it does not offer a clear provision that specifically prohibits trafficking. Section 14, a reformulation of Section 20 of the Sexual Offences Act, deals with the receipt of rewards from the commercial sexual exploitation of children and states that: 1) Any person who intentionally receives any financial or other reward, favour or compensation from the commercial sexual exploitation of a child…; [and] 2) Any person who intentionally lives wholly or in part on rewards, favours or compensation for the commercial sexual exploitation of a child is guilty of an offence. This means that any person directly or indirectly gaining in any way from the sexual exploitation of a child is an offender. Under this provision all persons involved in trafficking children, from the parent 'selling' or 'renting' the child, to the person 'transporting and harbouring' the child in exchange for any kind of reward, to the pimp 'offering the child for sex in exchange for money are guilty of an offence. In accordance with Chapter 6, Section 15 of this proposed Bill declares conspiracy with and incitement of any person to commit sexual offences an offence. • Domestic Violence Act The Domestic Violence Act (1998) is another legislative measure that can be used for the protection of children trafficked for the purpose of sexual exploitation. 80
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The Trafficking of Children for Pur
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Acknowledgments This report was res
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Contents Page About Molo Songololo
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5.4 Punishment and resistance 59 5.
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Executive summary This research rep
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Moçambique and Angola involves bot
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Children. The Norwegian Justice Min
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Chapter 1 Motivations of the resear
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2. Ensure a reduction in the incide
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Box 1: Glossary of terms Trafficker
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3. Terminology The terms, "the chil
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4. Design and Method 4.1. Aims and
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m) A review of the following releva
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to emphasise the immediate need for
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countries to ensure that measures a
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Actors/dancers/singers wanted. Expe
Page 34 and 35:
Chapter 4 Factors and trends with r
Page 36 and 37:
Mpumalanga 7 3 18 12 North West Pro
Page 38 and 39: According to a sex worker the effec
Page 40 and 41: Here individual traits and problems
Page 42 and 43: • Men from the Northern Suburbs o
Page 44 and 45: Alleged police involvement and corr
Page 46 and 47: Map 2: Some indications of local tr
Page 48 and 49: • An increase in unemployment •
Page 50 and 51: Johannesburg. Needless to say, once
Page 52 and 53: Map 3: Cross-border trafficking of
Page 54 and 55: Chapter 6 The role of gangs in the
Page 56 and 57: gangs in their own right. 135 These
Page 58 and 59: Little is known about the gang lead
Page 60 and 61: • All had been physically and sex
Page 62 and 63: Original transcripts of selected te
Page 64 and 65: Abduction 3: Alicia's story Origina
Page 66 and 67: Any act seen as resistance or a cha
Page 68 and 69: Referred to as " besagheid" or "wer
Page 70 and 71: Lucia gets away: as told by Jenny T
Page 72 and 73: Table 6: Girls in the gang intervie
Page 74 and 75: During the course of the twentieth
Page 76 and 77: States Parties undertake to protect
Page 78 and 79: Article 3 states that: State Partie
Page 80 and 81: Article 7 places an obligation on s
Page 82 and 83: constitutive elements related to of
Page 84 and 85: the appropriate authorities, like t
Page 86 and 87: whoa) permits, procures or attempts
Page 90 and 91: This Act provides for a broad defin
Page 92 and 93: • Films and Publication Act, No 6
Page 94 and 95: 2) The Children's Court may order t
Page 96 and 97: espect to restorative justice this
Page 98 and 99: process to manage the problem in So
Page 100 and 101: Legal Instruments South African Leg
Page 102 and 103: "Zunaid". Ek het, was die enigste e
Page 104 and 105: Ons gee vir hulle pak. - Belinda 5.
Page 106 and 107: man sê toe nou vir my ek moet eers
Page 108 and 109: For these purposes, State Parties s
Page 110 and 111: States Parties to the present Chart
Page 112 and 113: 9. The commercial sexual exploitati
Page 114 and 115: esponsible sexual attitudes and beh
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The trafficking of children for purposes of sexual exploitation

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