oa Article 40 - Whom to protect? Offender versus victim - entry of minor offenders' names into the Sexual Offences Register : reminiscing the import of the decision of the High Court in S v RB and S v DK and another

Volume 12, Issue 1
  • ISSN : 1562-4382



Earlier this year, the Northern Cape High Court, gave its verdict in the review of two decisions of the Regional Magistrate's Court in the S v RB and DK and Another cases. The Magistrate's Court had convicted the accused persons of the offences of statutory rape and assault with the intent to cause grievous bodily harm, respectively. The accused persons in both cases were minors. The Magistrates Court conditionally postponed sentencing in both cases for five years. In addition, the Magistrates Court gave directives in respect of the entry of the names of the accused in both cases in the National Register for Sex Offenders (the register). The register is established in terms of section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (the Sexual Offences Act). It contains information on persons who have been convicted of sexual offences against children or persons with mental disabilities, or persons who have committed such an offence but have been found mentally unfit to stand trial.

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