A research report submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg in partial fulfilment of the requirements for the degree of Masters in Community-based Counselling Psychology on 15 March 2016 / Despite the often publicised occurrence of residential robberies being accompanied with additional forms of violence there is a limited amount of research exploring these forms of intersecting violence, specifically within the South African context. The latest statistics released by the South African Police Service (2015) indicate that residential robberies are continuing to increase. The co-occurrence of rape in such residential robberies is under-studied. Therefore, the aim of this study was to explore and describe a profile of residential robberies that are accompanied by rape in Gauteng, South Africa between 2002 and 2012. This was done by exploring the temporal, sociodemographic and situational factors related to reported instances of this crime. The study consisted of cases obtained by the Crime Administration System (CAS). The study focused specifically on instances of reported residential robbery, in Gauteng. Overall there were 68178 cases analysed, with 1104 cases containing instances of reported co-occurring rape. The initial descriptive results indicated that specific variables significantly influence the co-occurrence of rape during a residential robbery. Whereby, there has been a significant increase in the proportion of rapes co-occurring within the 2002 to 2012 period Additionally, binary logistic regression analysis showed that Black females between the ages of 12 and 17 years are the demographic group most at risk when other situational factor are additionally present. Other findings of the regression indicate that there is an increased risk of a rape co-occurring during the residential robbery; over the weekend, between the hours of 00:00 and 06:59 and when no firearm is used as the method of entry or during the residential robbery. Overall, the study present significant findings related to this specific co-occurring crime and a number of areas that can be further explored in relation to the co-occurrence of rape during residential robbery and other forms of co-occurring violence, specifically in the context of South Africa

Human Immuno Virus (HIV) and Acquired Immuno Deficiency Syndrome (AIDS) have formed part of the South African landscape since the first report in 19831and today South Africa is reported to be the country with the highest number of people living with HIV/AIDS in the World2. This state of affairs, in combination with South Africa’s high sexual crime rate resulted in a general public out-cry with calls for the government and the legislature to enact laws to stem the spread of HIV/AIDS3. Government and the legislature finally responded by way of promulgating the criminal law (sexual Offences and related matters) Amendment Act4 (hereinafter the sexual Offences Act). The Sexual Offences Act inter alia provides for the compulsory testing of alleged offenders of sexual crimes5 This treatise will show that chapter five of the sexual Offences Act, indirectly criminalises HIV/AIDS, and that this is not desirable. It will be submitted that the criminalisation of HIV is against the stated UNAIDS policy 6 It is finally submitted in this treatise that South Africa should repeal all provisions in its law that directly or indirectly criminalises HIV/AIDS transmission and instead follow both and is a deterrent to public health methods of curbing the epidemic, while at the same time exacerbates the spread of the epidemic by forcing people who are HIV positive not to openly come out. It will be argued in the use of criminal law against the transmission of HIV creates stigma and is also an attack on individual human rights. The study will also show that the supposed marginalised persons, such as women and children are not protected by the use of criminal law in the prevention of HIV transmission, contrary to the arguments of the proponents of those who support the use of criminal law. The study will show that far from protecting these marginalised groups of people, criminalisation of HIV transmission, does in fact hurt them the UNAIDS policy and the South African development corporation (SADC) Model Law on HIV and AIDS.

“Indeed in rape cases it is the victim who is most often placed on trial rather than the perpetrator, accused of having ulterior motives and subjected to degrading questions with often pornographic overtones. Prosecutors might fail to adequately address the victims needs and all too often, information is either intentionally or unintentionally withheld from victims.” The victims of sexual offences have to face not only the consequences of the sexual crime that was perpetrated upon them, but they also have to deal with the effects of the criminal justice system. Victims who take part in the criminal justice system should not be exposed to unnecessary distress and trauma. The victims of sexual offences must not be re-victimised by the criminal justice system. Re-victimisation has been coined to describe the experience where victims are subjected to further victimisation by the very state organs to whom they turn for assistance. This has the effect that the victim is victimised twice, first by the offender and then by the criminal justice system. It is therefore the duty of the law to protect this group of witnesses from such a traumatic and damaging experience. The question that needs to be answered in this research is whether the Sexual Offences and Related Matters Amendment has made any difference in respect of protection of victims sexual crimes. It was concluded that the Sexual Offences Act is indeed a step in the right direction to protect the rights of victims of sexual offences but that it could have afforded more protection.

The study undertaken is concerned with the reformulation of the common law crime of rape from a juridical and socio-psychological perspective. It is based on the premise that the common law definition of rape is insufficient. Specific attention is given to the current crime of rape and the proposed amendments introduced by the South African Law Commission. In the haste to transpose the concept of gender-neutrality implemented in other countries to the crime of rape in South Africa, the basic reasoning behind why the crime of rape should be extended to certain categories of victim has been neglected. Rape as a form of penetrative sexual assault is critically examined. The focus of this study is to identify categories of penetrative sexual assault victim in order to justify the extension of the crime to certain victims and to facilitate the application of an extended definition to factual situations. The classification of victims is accomplished with reference to psycho-social data in order to provide a plausible explanation as to why the crime of rape, which was originally created as a property crime, should be extended to additional victims. The common law crimes which can be applied to penetrative sexual assault victims are critically examined. A comparative overview of the definitions of rape adopted in Australia, Britain and the United States of America is undertaken. An investigation is also undertaken into the impact of HIV on rape victims. The extension of the definition of rape to persons who engage in unprotected sexual intercourse with a person who intentionally exposes him or her to the HIV virus or another life threatening illness is examined. The possibility of consolidating the common law crimes into a statutory offence applicable to harmful HIV related behaviour for purposes of expediency and deterrence is examined. A perspective is therefore provided as to the motivation behind why additional penetrative sexual assault victims should be classified as rape victims. The efficiency of the current and proposed definitions of rape is highlighted and examined. Where lacunae are established, solutions are proposed. / Thesis (LLD)--University of Pretoria, 2006. / Jurisprudence / Unrestricted

The issue of the criminalization of prostitution raises all kinds of legal questions, especially in South African law. Governments have adopted different positions regarding prostitution. South Africa has tried, by means of law, to crack down on prostitution. This dissertation discusses the question of prostitution as provided by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957. Whether criminalization is the indicated way to lessen or eliminate prostitution determines the focus of the discussion. It seemed necessary to understand the topic, to present the most important systems for addressing prostitution, the South African model and its evaluation. A legal comparison is presented. The discussion looks also at international instruments, which place the emphasis on forced prostitution. There is, in South African law, a pressing need to enact laws in accordance with the Bill of Rights, and with the international norms to which South Africa is party. / Criminal & Procedural Law / LL. D. (Criminal Law and Criminal Procedure)

Thesis ((M. A. (Clinical Psychology)) --University of the North, 2000 / Refer to the document

The issue of the criminalization of prostitution raises all kinds of legal questions, especially in South African law. Governments have adopted different positions regarding prostitution. South Africa has tried, by means of law, to crack down on prostitution. This dissertation discusses the question of prostitution as provided by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957. Whether criminalization is the indicated way to lessen or eliminate prostitution determines the focus of the discussion. It seemed necessary to understand the topic, to present the most important systems for addressing prostitution, the South African model and its evaluation. A legal comparison is presented. The discussion looks also at international instruments, which place the emphasis on forced prostitution. There is, in South African law, a pressing need to enact laws in accordance with the Bill of Rights, and with the international norms to which South Africa is party. / Criminal and Procedural Law / LL. D. (Criminal Law and Criminal Procedure)

Child sex tourism is tourism organised with the primary purpose of facilitating a commercial sexual relationship with a child. It involves a segment of the local child sex industry that is directly connected to both an international and domestic tourist market. The increase of tourism has brought with it complications in that tourism is being used as a means for sex tourists to initiate contact with children. Aside from child sex tourists who are paedophiles, there are those who engage in the opportunistic exploitation of children while travelling on business or for other reasons. There are a number of social and economic factors leading to child sex tourism and the effect is that child victims are exposed to immediate harm, irreversible damage and even death. As South Africa's tourism industry expands into one of the country’s top earners of foreign currency, it is unfortunate to note that its child sex tourist trade is also on the increase. Reports show that sex tours are as easily organised as wine route tours in Cape Town. Commercial sexual exploitation of children is prevalent in South Africa and has become more organised in recent years. A comprehensive response to the problem is essential to ensure that South Africa does not become a “safe haven” for child sex tourists. Effective laws at home and the extraterritorial application of these laws to prosecute South African nationals for crimes committed abroad are imperative. Significant steps are being taken both nationally and internationally to target child sex tourism. South Africa has ratified several international instruments on children’s rights, trafficking in persons, child labour, and discrimination against women and young girls, all of which relate to child sex tourism. In doing so, South Africa has made an international commitment to uphold the provisions of these instruments and give effect to them. South Africa is therefore under an international obligation to create the necessary structures and apply mechanisms and resources to combat child sex tourism.

Text in Afrikaans / Die doel van die navorsingsondersoek na die stiefvader as sek­suele molesteerder van sy stiefdogter is om die probleem te beskryf, te verklaar en aanbevelings te doen aan instansies wat betrokke is by seksuele molestering. Die ondersoek was kwali­tatief van aard en die tegnieke van ongestruktureerde onder­ houdvoering en dokumentere studies is gebruik.By die beskrywing van die probleem is die kenmerke van die stiefgesin waarin seksuele molestering voorkom geidentifiseer. Dit was moeilik om die omvang van seksuele molestering in die stiefgesin te bepaal, weens onvolledige rekordhouding deur in­stansies. Aannames vanuit die literatuur het die ondersoek gerig en sek­suele molestering in die stiefgesin is verklaar aan die hand van die eienskappe van die sisteernbenadering. Navorser het bevind dat seksuele molesteerders swak sosiale verhoudings het en uit disfunksionele gesinne kom. Aanbevelings is gedoen ter voorkoming van seksuele molestering binne stiefgesinne. / The object of this research project, the stepfather as sexual molester of his stepdaughter, is to define and explain the problem, and to make recommendations to organisations concerned with sexual abuse. This exploration was qualitative and techniques of unstructured interviewing and documentary studies were employed. In defining the problem, the characteristics of the stepfamily in which sexual molesting occurs, are identified. It was difficult to determine the extent of sexual molesting in the stepfamily, because of the incomplete records of the organisations. Suppositions from literature directed the research on sexual abuse in the stepfamily, and are explained on the basis of characteristics of the systems approach. Researcher found that sexual molesters have inadequate social relationships and come from dysfunctional families. Recommendations have been made for the prevention of sexual abuse in stepfamilies. / Criminology and Security Science / M.A. (Sosiale Wetenskappe (Kriminologie))

Text in Afrikaans / Die doel van die navorsingsondersoek na die stiefvader as sek­suele molesteerder van sy stiefdogter is om die probleem te beskryf, te verklaar en aanbevelings te doen aan instansies wat betrokke is by seksuele molestering. Die ondersoek was kwali­tatief van aard en die tegnieke van ongestruktureerde onder­ houdvoering en dokumentere studies is gebruik.By die beskrywing van die probleem is die kenmerke van die stiefgesin waarin seksuele molestering voorkom geidentifiseer. Dit was moeilik om die omvang van seksuele molestering in die stiefgesin te bepaal, weens onvolledige rekordhouding deur in­stansies. Aannames vanuit die literatuur het die ondersoek gerig en sek­suele molestering in die stiefgesin is verklaar aan die hand van die eienskappe van die sisteernbenadering. Navorser het bevind dat seksuele molesteerders swak sosiale verhoudings het en uit disfunksionele gesinne kom. Aanbevelings is gedoen ter voorkoming van seksuele molestering binne stiefgesinne. / The object of this research project, the stepfather as sexual molester of his stepdaughter, is to define and explain the problem, and to make recommendations to organisations concerned with sexual abuse. This exploration was qualitative and techniques of unstructured interviewing and documentary studies were employed. In defining the problem, the characteristics of the stepfamily in which sexual molesting occurs, are identified. It was difficult to determine the extent of sexual molesting in the stepfamily, because of the incomplete records of the organisations. Suppositions from literature directed the research on sexual abuse in the stepfamily, and are explained on the basis of characteristics of the systems approach. Researcher found that sexual molesters have inadequate social relationships and come from dysfunctional families. Recommendations have been made for the prevention of sexual abuse in stepfamilies. / Criminology and Security Science / M.A. (Sosiale Wetenskappe (Kriminologie))