The trafficking of children for purposes of sexual exploitation

This Act provides for a broad definition of 'domestic relationship' in which violence can occur,
including the parent of a child or 'persons who have or had parental responsibility for that child' as
well as sharing the same residence. In addition, the definition of 'domestic violence' allows for the
inclusion of a variety of forms of abuse (e.g. physical, sexual, emotional, psychological),
intimidation (i.e. uttering or conveying a threat, which induces fear), harassment (i.e. pattern of
conduct that induces fear of harm), as well as 'any other controlling behaviour'.
This indicates that mainly two forms of trafficking of children for purposes of sexual exploitation
are covered under this Act. In the first instance, parents or relatives coerce a child to 'work' from
their homes or the homes of sex exploiters. According to this Act coercion of a child by a parent to
submit to sexual exploitation is an offence.
In the second case, where a child is, in exchange for money, given away as a 'bride' and forced to
perform sexual and/or domestic labour, the Act can be applied to protect the child from further
abuse and violence and to prosecute the offender.
• Prevention of Organised Crime Act
The Prevention of Organised Crime Act (1998, amended 1999) is so far the most comprehensive
criminal law provision dealing with offences related to trafficking for the purpose of sexual
exploitation of children. It is aimed at the prohibition and criminalisation of certain activities related
to criminal gang behaviour and racketeering. In addition, this act provides for the recovery of the
proceeds of unlawful activities as well as the civil forfeiture of criminal assets that have either been
used to commit an offence or are the proceeds of such an offence.
In terms of this Act all adults who ensure and facilitate the access of others to a child for sex would
be guilty of committing offences. These acts, amongst others, include: (Schedule 1)
2. rape
3. kidnapping
8. indecent assault
9. the statutory offence of-
(a) unlawful carnal intercourse with a girl under a specified age
(b) committing an immoral or indecent act with a girl or boy under a specified age
(c) soliciting or enticing such girl or boy to the commission of an immoral or indecent act
14. childstealing
34. any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
Further, this Act defines in Section 1
'property' as money or any other movable, immovable, corporal or incorporeal thing and includes
any rights, privileges, claims and securities and any interest therein and all proceeds thereof;
'proceeds of unlawful activities' as any property or part thereof or any service, advantage, benefit or
reward which was derived, received or retained, directly or indirectly, in connection with or as a
result of any unlawful activity; and
'enterprise' as any individual, partnership, corporation, association … and any group of individuals
associated in fact.
Chapter 2 of this Act provides for offences relating to patterns of racketeering activities (i.e.
planned, ongoing, continuous or repeated participation or involvement in any offence). These
offences include receiving, retaining, using or investing of any property that is directly or indirectly
derived from pattern of racketeering activities. It also covers the activities of enterprises, such as the
managing of, the employment by, or association with such enterprises through pattern of
racketeering. Finally, any person 'who knows or ought to have reasonably known' of those offences
while engaging in any of the above activities commits a crime.
81