The trafficking of children for purposes of sexual exploitation

espect to restorative justice this report recommends that where the Assets Forfeiture Unit has
confiscated the assets of traffickers and brothel owners, such assets should be disbursed in payment
of all court orders for compensation, restitution and recovery due to the trafficked person.
2.4. Where victims of trafficking are defendants in criminal proceedings
Prosecutors should ensure that a victim alleged to have committed a crime has the opportunity to
raise a defence of duress or coercion. The same evidence should be considered a mitigating factor in
sentencing if there is a conviction. In cases where a victim is accused of having committed a crime
against a trafficker(s), including murder, she or he has the opportunity to plead self-defence and to
present evidence of having been trafficked. It is also recommended that the same evidence should
used as a mitigating factor in sentencing, if there is a conviction.
2.5. Combating and monitoring the trafficking of and sexual exploitation of
Children
It is recommended that the National Programme for Action in the Presidency (NPA) in conjunction
with relevant government departments embark on a programme which will educate and inform
South Africans about the issues as they relate to both in-country and cross-border trafficking.
Such a programme should be geared toward creating a better understanding of the issues as well as
increasing vigilance on the part of communities. Programmes such as neighbourhood projects
aimed at identifying children at risk, children in difficult circumstances and providing protection for
children should be strengthened through linkages with police stations and local offices of the
departments of health and welfare and social services.
It is also recommended that the NPA, the South African Human Rights Commission, the
Commission on Gender Equality and the South African Youth Commission either collectively or
individually take responsibility for establishing an office not only to receive and deal with
complaints from children and others, but also to advise the government on issues affecting children.
Alternatively, it is recommended that an Ombudsperson's Office for Children is established.
Such an initiative should be tasked with the responsibility for monitoring children at risk and should
also monitor the following
• care of and for abused children
• evidence-gathering against traffickers and sex exploiters
• protection of child witnesses
This should be done to encourage and enhance the development of appropriate responses to local
situations and local needs.
2.6. With regard to sex exploiters/sex offenders
It is recommended that a register for sex exploiters is set up so that repeat offenders can be
monitored.
These are some recommendations that could ensure a reduction in the sexual exploitation of
children, through prostitution and the trafficking of children for this purpose.
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