Parliament | Monday
THE South African Law Commission (SALC) on Monday rejected the setting up of a separate sexual offenders register, arguing it is expensive and has not helped reduce sexual crimes in other countries.
Joan van Niekerk, the SALC’s project leader investigating changes to sexual offences laws, said the commission would not recommend the introduction of such a register or community notification legislation which provided that a community be notified of offenders in their midst.
Registers of convicted sexual offenders – which were open to the public at large – created a false sense of security and often led to vigilantism.
”It has no justification, no rehabilitative effect. Its deterrent value is suspect and will drive predatory sexual offenders underground, while at the same time giving clean communities a false sense of security.
”It is a sincere effort to address the problem but misses the mark,” she said after briefing Parliament’s special task team on sexual abuse.
The team is holding public hearings following a spate of child rapes over the past six months.
The SALC is expected to present a final report about changes to sexual offence laws to the justice ministry in June.
Van Niekerk said the commission supported the extended use of the existing register of convicted criminals and that it should be accessible to employers to screen staff that would work with children.
Less than one percent of reported sexual offences ended in convictions, and the existing register would also show a range of other offences that put children at risk, such as physical assault.
Most of the abuse against children was not committed by paedophiles, but was a result of other factors, including alcohol, drugs and domestic violence.
Van Niekerk said the commission would also not recommend the chemical castration of rapists.
This had not been found to have an effect on controlling sexual criminal behaviour, and the drug could in some cases result in higher levels of aggression.
In her submission to the task group, she said it was important to point out that rape was not about sex.
”It is about violence and power. Should the drug used in chemical castration have the required effect, then the sexual offender will simply resort to other means to degrade and humiliate women and children,” she said.
Government should look at introducing more appropriate sentences.
”The reaction to sexual crimes against children cannot be based on emotion alone,” she added.
Van Niekerk also said that public health services should provide prophylactic medication for sexual assault victims, including post-exposure prophylactic medication for HIV/Aids.
”We are deeply concerned by the number of children with HIV/Aids as a result of sexual assault,” she said.
She added this would require extensive lobbying, as it was not government policy to provide such treatment.
National Council of Provinces chairwoman Naledi Pandor earlier on Monday repeated her call for the introduction of a sexual offenders register, similar to the United Kingdom.
This would involve offenders having to register their names and addresses with police within 72 hours of their release from prison, she said.
Home Affairs Deputy Minister Charles Nqakula made a impassioned plea for tighter controls over child pornography, saying there was a direct link between the viewing of such images and sexual offences.
Government planned to amend the Film and Publications Act to make it easier for the authorities to act against those caught viewing such pornograhy.
”The legislation is not adequate to deal with all instances of child pornography… it is due to these weaknesses in the law that we have not been able to prosecute some cases,” he said.
He asked to meet with Parliament’s home affairs committee to show them images and videos of child pornography, to help them understand the extent of the problem.
The hearings continue on Tuesday. – Sapa