Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled

Abstract

INTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment Act. It draws inspiration from two prior reporting obligations related to the reporting child abuse and neglect: the first encapsulated in the Child Care Act 74 of 1983, now repealed in toto by the Children's Act 38 of 2005 (as amended); and the second provided for in s 4 of the Prevention of Family Violence Act 133 of 1993. The latter section, which was not repealed by the coming into operation of the Domestic Violence Act 116 of 1998, has also been replaced by the coming into operation of the Domestic Violence Act 116 of 1998, has also been replaced with the Children's Act 38 of 2005, which came fully into force on 1 April 2010.