The trafficking of children for purposes of sexual exploitation

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.
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