Authored By: Thando Millicent Mehlape
Eduvos Academy
INTRODUCTION
Are children protected enough from a world that takes advantage of them in every chance it gets? Child sexual abuse is a human rights crisis. There are many people that come from homes that are broken, homes that are unknown, homes with love, homes with wealth and some people do not even have a place to call home. Referring to case Y v S (Case no 537/2018) [2020] ZASCA 42.[1] This is a case where a step-father sexually abused his 13 year old stepdaughter in their home, the father plead not guilty and was convicted and sentenced to 5 years for sexual assault and life imprisonment for two rapes but was later, granted special leave by the Supreme Court of Appeal on argued merits. A report released by Statistics South Africa titled Child Series Volume II: Crime Against Children shows that rape cases for children increased by 6,3 percentage points between 2015/16 and 2019/20, whilst both common assault and assault with grievous bodily harm (GBH) decreased by 2,1 and 3,5 percentage points respectively. Moreover, sexual assault cases for children increased by 1,4 percentage points. [2]
MAIN BODY
Child sexual abuse (CSA) is a serious violation of children’s rights and a major public health issue. It can cause long-lasting harm to a child’s development and well-being. In South Africa, one in three girls experiences sexual violence before the age of 18. Most cases are committed by people the child knows and trusts. However, cultural beliefs and economic pressures, especially when the abuser is a family breadwinner, often lead to silence and underreporting.
CSA is both a global and national crisis, with South Africa facing particularly high rates. Although various strategies have been introduced to address the problem, the response remains weak. Low levels of reporting, harmful social norms, and poor coordination among key role players such as parents, teachers, community leaders, and social workers continue to hinder progress. This highlights the urgent need to assess and strengthen the roles these stakeholders play to prevent child sexual abuse.[3]
The law criminalizes a range of behaviors which are sexual offences against children, grooming, possession or distribution of child abuse material and failure to protect or report abuse. Recorded child sexual offences and rapes remain exceptionally prevalent, with thousands of cases logged by authorities and advocacy groups yearly, disproportionately affecting young girls and adolescent learners. Child sexual abuse is rooted in different parts of our daily lives; it stems in religion (church), Home, School, public spaces (shopping centers), Help centers (Hospital, Police Station) and Public Transports.
THE LEGAL FRAMEWORK
The South African’s government gazette on children’s act 38 of 2005 states the following:[4]
- Chapter 9 – Child in need of care and protection:
has been exploited or lives in situations that put the child at risk of exploitation; is in a state of physical or mental neglect; or is being mistreated, abused, purposefully neglected, or degraded by a parent, caregiver, person with parental rights and responsibilities, a family member, or someone in charge of the child.
- Chapter 7- protection of children:
Part A of the Register serves the following purposes: (a) to document abuse or intentional neglect of particular children; (b) to document the circumstances surrounding the abuse or intentional neglect of the children; (c) to use the information in the Register to protect these children from abuse or neglect; (d) to monitor cases and services to such children; (e) to exchange information among professionals who are part of the child protection team; (f) to identify patterns and trends of abuse or intentional neglect of children;
- Chapter 17- child abduction:
Hague Convention on International Child Abduction is in force in the Republic and its provisions are law in the Republic, subject to the provisions of this Act. (2) The court may grant temporary protective relief for the child, the applicant, or the defendant before issuing an order for the kid’s return. (3) When evaluating an application under this chapter for a child’s return, the court must provide the child the chance to object and, in doing so, must accord that objection the weight it deserves, taking into consideration the child’s age and maturity.
- Chapter 18- trafficking in children:
Child trafficking is forbidden. (1) No individual, natural or legal, or a partnership may traffic a child or permit a (2) It is not a defense to a charge of violating subsection (1) that (a) a child who is a victim of trafficking or a person in control of that child has consented to (i) the intended exploitation; (b) (ii) the adoption of the child facilitated or secured through illegal means; or (c) the intended exploitation or adoption of a child referred to in paragraph (a) did not take place; Behavior that facilitates child trafficking is prohibited (1) No person, natural or juristic, or partnership may: (a) knowingly lease, sublease, or allow any room, house, building, or establishment to be used for the purpose of harboring a child who is a victim of trafficking; and (b) advertise, publish, print, broadcast, distribute, or cause the advertisement, publication, printing, broadcast, or distribution of information that suggests or alludes to the Internet or other information technology.
PRIMARY LEGISLATIONS
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 aims:[5]
To deal with all legal aspects of or relevant to sexual offenses in a single statute, and to thoroughly and exhaustively evaluate and revise all areas of the laws and their execution. eliminating the common law crime of rape and substituting it with a new, broader statutory crime of rape that covers any type of unwanted sexual penetration, regardless of gender; eliminating the common law crime of indecent assault and substituting it with a new statutory crime of sexual assault, which covers any type of unconsented sexual abuse; establishing new legislative offenses pertaining to certain forced penetrations or violations; establishing new statutory offenses for adults by making it illegal to engage in adult sexual services, expose or show child pornography, or coerce or cause the seeing of specific sexual acts and human anatomical parts; enacting comprehensive provisions pertaining to the creation of certain new, expanded, or amended sexual offenses against children and people with mental disabilities, such as offenses related to sexual exploitation or grooming, exposure to or display of pornography, and the creation of child pornography, even though some of the offenses are similar to those created for adults because the creation of these offenses aims to address the unique vulnerability of children and people with mental disabilities with regard to sexual abuse or exploitation; removing the distinction made between the age of consent for certain consensual sexual activities and establishing special rules for the prosecution and adjudication of consenting sexual acts between children who are older than 12 but less than 16; making any attempt, plot, or encouragement to commit a sexual offense illegal; establishing an obligation to report sexual offenses against or involving minors or people with mental disabilities; supplying new investigation instruments to the South African Police Service for the purpose of looking into sexual offenses or other crimes involving the perpetrator’s HIV status; granting our courts extraterritorial jurisdiction to hear cases involving sexual offenses; offering specific services to some victims of sexual offenses, such as the ability to demand that the alleged perpetrator be tested for HIV and, in certain situations, the right to receive post-exposure prophylaxis, in order to reduce or, to the greatest extent feasible, eliminate secondary traumatization; creating and overseeing a National Register for Sexual Offenders; further restricting the prosecution and adjudication of sexual offenses with regard to procedures, defenses, and other evidentiary considerations; establishing temporary regulations pertaining to human trafficking for sexual reasons.
Child Justice Act 75 of 2008[6]– The Act ensures that children are treated in a manner appropriate to their age and development, promoting accountability while prioritizing rehabilitation over punishment.
Domestic Violence Act 116 of 1998[7]– The Act was enacted to protect victims of domestic violence and to ensure that the state actively works to eliminate domestic abuse, recognizing it as a serious social problem in South Africa. It aligns with the Constitution, particularly the rights to equality, freedom, and security of the person, and reflects South Africa’s international obligations to protect women and children.
Cybercrimes Act 19 of 2020[8] – The Cybercrimes Act 19 of 2020 was enacted to address the growing threat of cybercrime in South Africa. It provides a legal framework to criminalize unlawful digital activities, regulate investigations, and protect individuals from harmful online communications. The Act also enables cooperation with foreign states to detect, prevent, and investigate cybercrimes.
UN Convention on the rights of the child (CRC)[9] – At its foundation, the Convention is guided by 4 fundamentals principles: The absence of discrimination; the child’s best interests; the right to life, survival, and growth and Respect for the child’s opinions.
The Convention ensures: Civil and political rights, such as freedom of speech, protection against abuse, and identification; Cultural, social, and economic rights (such as access to healthcare, education, and a decent quality of living); Rights to protection (from violence, exploitation, and trafficking, for example); Participation rights: States must guarantee these rights through laws, regulations, and services (e.g., being heard in topics affecting the child).
African Charter on the rights and welfare of the child[10] – As of now, 51 out of 55 African Union member states have ratified the Charter, demonstrating a strong commitment to children’s rights across the continent. However, four member states—Morocco, Somalia, South Sudan, and Tunisia—have not ratified it.
CASE LAWS
Teddy Bear Clinic for abused children v Minister for Justice and Constitutional Development ZACC 35: the court found that sections 15 & 16 of the criminal law (sexual offences and related matters) act 2007 were unconstitutional as they criminalized consensual sex between children aged 12-16. It matters because criminalizing consensual teen sex violates rights to dignity and privacy and it is not in the best interest of the child.
J v National Director of public prosecutions and another ZACC 13: Section 50(2) (a) of the sexual offences act was challenged and the ruling declared unconstitutional to the extent that it didn’t consider the “best interests of the child” for child sex offenders being placed on the National Register for sex offenders.
v. the State: a man was convicted of raping his adopted daughter over several years and the ruling stated that the judge held lack of resistance over consent and found that the man used sexual grooming techniques which led to 15 years imprisonment.
Gauteng High Court ruling, July 2025: Judge Mudunwazi ordered Meta to shut down Instagram accounts/WhatsApp channels that distribute child sexual abuse material and it was the first major ruling in South Africa on online child exploitation. The court ordered permanent deletion of profiles.
CHALLENGES FACED AROUND THE WHOLE ON CHILD SEXUAL ABUSE.
Child sexual abused is a very serious offence that by no circumstances should it be taken lightly. Millions of children are taken advantage of, exploited and abused by someone from their family, someone from church, an adult stranger luring them, a teacher from school, a medical practioner, a police officer or someone who they trust. Being so young with no understanding of how the world works or being so trusting of an adult, it is easy for an adult who understands what is right and wrong to take advantage of them. A child is raped from as young as a new born which leads to death, bodily harm, mental trauma and health trauma. There are cases in some parts of the world where a child will be forced in a child-marriage, expected to understand what is what happening, cater to her husband, have sexual intercourse with her husband, endure so much abuse in all forms and bear a child in exchange for money to the family or business. We have children that are trafficked into prostitution, drugs and money; they get kidnapped with no trace of their whereabouts and when the child is no longer of use to the trafficker, they are murdered and their organs are harvested. We have children who go to church only to be sexually abused/assaulted by the leaders of the church and a member of the church. Children are being sexually assaulted by their fathers, uncle, male cousins, and grandfathers; when the matter is found out in the family, in most cases, the women in the family will keep quiet about it, blame the child for what has happened or openly support the offender especially if he is the breadwinner or a man in power. We have children that are sexually assaulted by doctors during a medical check-up, police officers when left alone with a child, taxi-drivers when taking kids back home from school and teachers/principals at the gym or classroom when the child is waiting for the parent to come fetch them.
The offenders never realize how much trauma they instill in these children. The experience of child sexual abuse can change the way a child understands their world, the people in it and where they belong. Depending on the relationship and duration of the abuse, subsequent relational trauma could affect their ability to connect with other and themselves.[11] The trauma grows from within leading to hatred, depression, anxiety, fear and sexual dysfunction. It is heart breaking when a child is assaulted so many times, they grow up thinking that what has been done to them is normal. They learn to encounter rape as a normal activity, being groomed as a safety net, willingly share explicit content with strangers for validation and they make a career in sexual activities.
When a sexual abuse case is reported, some cases are either taken seriously and other cases are not taken seriously. This leads to citizens feeling betrayed, not believing in the justice system and resorting to other methods to seek justice for themselves. When sexual abuse cases are concerned, the legal system is often rigged, we have instances when the police officer, lawyer or judge is bribed by the offender who is in power or famous to the world; we face a society where the victim is blamed or not believed and the offender is supported.
It is imperative that we come together and enforce justice for the victims of child sexual abuse. The law needs to be amended to zero-tolerance for child sexual abuse. With the help of technology (AI), countries around the world need to come together and help fund for technology tools to be installed in areas where the less disadvantaged can be seen, we need more honest law enforcements & social workers to be placed in areas where it is difficult for citizens to seek help, harsher punishment needs to be implemented, for example, death penalty and castration. When a child is concerned, it is anyone’s responsibility to make sure that the child is safe, educated about sexual abuse and protected at all costs. The national registrar for sex offenders needs to be made available for the public.
CONCLUSION
Overcoming acts of criminal exploitation of sexual children effectively requires strengthening the system of law and protecting children with an approach. External factors cover poverty, access to digital pornography and a weak system protection for children and internal factors cover low sexual education and weak parental supervision. Abuse is a very aggressive act that is passed from one generation to the next where children become adult victims or perpetrators. Survivors are at risk of sexually transmitted infections, unwanted pregnancy, physical injury, chronic illness, social isolation and psychological trauma.[12] The threat of punishment prevents the child from disclosing the incident or seek help and child victims often disclose the abuse they have endured from their childhood in their teens or adult years. It is very important for statutes of limitation for child sexual abuse to be removed, making justice to all survivors, regardless of the time elapsed.
The official justification for prosecution and punishment is to deter potential offenders from committing child sexual abuse. However, the child victims many not want the offender to be punished especially if he/she is the victim’s parent or other family member. Whatever the victim’s opinions and feelings about disclosure, it should be recognized that in some cases the threat of punishment is at odds with the victim’s needs for help and support.[13]
The courts have repeatedly maintained through legislation and court rulings that the child’s best interests must always come first in all issues pertaining to children. However, child sexual abuse cannot be eliminated by legislation alone. Coordinated efforts from families, schools, communities, law enforcement, medical professionals, and legislators are necessary for effective prevention. Institutions must establish settings where abuse can be reported without fear or stigma, while children must be empowered through education about their rights and personal safety. Ensuring that survivors have prompt access to medical care, psychological assistance, and justice through a child-sensitive legal process is equally crucial.
Since child sexual abuse is a human rights issue, protecting children is a shared obligation since a society that protects its children also protects its future. To end child sexual abuse and uphold the constitutional promise of dignity, equality, and freedom for every child, it is imperative to strengthen prevention strategies, ensure effective enforcement of the law, support survivors, and cultivate a culture that refuses to tolerate abuse.
Works Cited
Africa, Constitutional Court of South. J v National Director of Public Prosecutions and Another. 2014.
Agency, South African Government News. Governmnet welcome ruling against online child sexual abuse content. 16 July 2025.
Agency, The UN Refugee. Convention on the rights of the child. 20 08 1989.
Bravehearts. Effects of child sexual abuse. n.d.
Government, South African. “Children’s Act 38 of 2005.” n.d. South African Government.
Press, Scandinavian University. “Child Sexual Abuse.” (2019): 136-166.
Rights, Center for Human. Teddy Bear Clinic for Abused Children v Miniter for Justice and Constitutional Development. 2013.
SAFLII. CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT 32 OF 2007. 16 March 2026.
School, Cornell Law. M. v. The State – Supreme Court of Appeal of South Africa. 2013.
Town, University of Cape. “The Children’s Act and the Sexual Offences Amendment Act.” n.d. CHILD RIGHTS AND CHILD LAW FOR HEALTH PROFESSIONALS.
[1] See case Y v S (Case no 537/2018) [2020] ZASCA 42
[2] See article Lifting the veil on violence against children in South Africa
[3] See the research study by National Research Foundation
[4] See Government Gazette – No. 38 of 2005: Children’s Act, 2005.
[5] See Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
[6] See Child Justice Act 75 of 2008
[7] See Domestic Violence Act, 1998
[8] See Cybercrimes Act, 2020 (Act No. 19 of 2020)
[9] See Convention on the Rights of the Child
[10] See African Charter on the rights and welfare of the child
[11] See Bravehearts about child sexual abuse
[12] See unicef- ending violence against children
[13] See Scandinavian University Press on child sexual abuse
