Sexual abuse in South Africa refers to any unwanted sexual behaviour, contact, or exploitation that violates a person’s rights, dignity, and bodily integrity. It includes acts that may not always involve penetration but still cause physical, emotional, or psychological harm.
On this page, you will learn how sexual abuse is defined under South African law, the key Acts that govern it, how it differs from rape, the support available for victims, and the legal steps to take when reporting such crimes.
Understanding Sexual Abuse under South African Law
Sexual abuse is broadly covered under the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007).
This law was introduced to modernise South Africa’s approach to sexual crimes by recognising a wider range of abuses and protecting all people — women, men, and children — equally.
Under this Act, sexual abuse includes:
- Sexual assault (any non-consensual sexual contact that is not penetration).
- Compelled sexual acts, where someone is forced to touch another person sexually.
- Exposure to pornography or sexual activity without consent.
- Sexual grooming of minors.
- Exploitation through prostitution or pornography.
The key principle is the absence of consent. If consent is not freely and voluntarily given, any sexual act or behaviour is unlawful.
Key Legal Frameworks Governing Sexual Abuse
| Law / Act | Purpose |
|---|---|
| Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | Defines and criminalises all forms of sexual abuse. |
| Domestic Violence Act, 1998 (Act 116 of 1998) | Protects victims of sexual and domestic abuse within relationships. |
| Children’s Act, 2005 (Act 38 of 2005) | Safeguards children from sexual exploitation and grooming. |
| Protection from Harassment Act, 2011 (Act 17 of 2011) | Allows victims to obtain protection orders against abusers. |
| Sexual Offences Courts (established under SOCA Unit) | Provide sensitive, victim-centred hearings for survivors. |
Historical Evolution of Sexual Abuse Laws in South Africa
Before the 2007 Sexual Offences Amendment Act, South Africa’s laws were limited, focusing mainly on rape as penetration and often excluding men, children, and other forms of abuse.
The new law, introduced after years of advocacy by women’s rights groups, expanded the definition of sexual abuse to include emotional and psychological harm, as well as acts of coercion and exploitation.
This transformation aligned South African law with the Constitution’s Bill of Rights, which protects equality, dignity, and freedom from violence for every person.
Difference Between Rape and Sexual Abuse
| Rape | Sexual Abuse |
|---|---|
| Involves sexual penetration without consent. | Involves any sexual act or contact without penetration. |
| Defined under Section 3 of the Sexual Offences Act. | Defined under Sections 5–17 of the same Act. |
| Punishable by long prison terms or life sentences. | Penalties vary depending on the nature of the act. |
| Usually involves physical evidence. | Can include emotional or psychological abuse. |
Reporting Sexual Abuse
Victims of sexual abuse can report at any South African Police Service (SAPS) station. Police officers are required to:
- Open a case docket under the Sexual Offences Act.
- Refer the victim to a Thuthuzela Care Centre (TCC) for medical and counselling support.
- Collect and preserve any evidence, including statements and medical reports.
- Ensure that the victim’s identity and privacy are protected.
Victims may also approach a Magistrate’s Court to apply for a Protection Order under the Domestic Violence Act or the Protection from Harassment Act.
Support Services for Victims
South Africa has dedicated support systems for survivors of sexual abuse, including:
- Thuthuzela Care Centres (TCCs): Provide free medical, counselling, and legal services.
- Gender-Based Violence Command Centre (GBVCC): Toll-free helpline 0800 428 428.
- South African Police Service (SAPS) Family Violence, Child Protection and Sexual Offences Unit (FCS): Specialised in investigating sexual abuse cases.
- Victim Empowerment Programme (VEP): Offers trauma counselling and shelter services.
- Legal Aid South Africa: Provides free legal assistance for survivors seeking justice.
5 Important Points Every South African Should Know about Sexual Abuse
- Any unwanted sexual behaviour is abuse — not just rape.
- Consent must always be clear and voluntary.
- Children under 16 cannot legally consent to any sexual activity.
- Reporting abuse immediately helps preserve evidence and strengthen the case.
- You cannot be punished for reporting, even if the perpetrator is a partner, family member, or employer.
Real Example
A domestic worker repeatedly touched inappropriately by her employer without consent can open a case of sexual assault under Section 5 of the Sexual Offences Act.
If the employer also makes sexual threats or exposes her to pornography, these are separate offences under the same Act.
Even though no penetration occurred, the law still recognises her as a victim of sexual abuse and provides full protection.
Implications for Society
Sexual abuse has far-reaching consequences:
- It contributes to Gender-Based Violence (GBV) and inequality.
- It creates lasting trauma for victims and families.
- It weakens workplace and community safety.
- It reinforces the need for education on consent and boundaries.
- It demands accountability from institutions, schools, and employers.
Legal Framework Summary
| Institution | Role |
|---|---|
| South African Police Service (FCS Unit) | Investigates sexual abuse cases. |
| National Prosecuting Authority (SOCA Unit) | Prosecutes offenders and supports victims. |
| Thuthuzela Care Centres (TCCs) | Provide one-stop medical and legal services. |
| Department of Social Development (VEP) | Offers trauma counselling and shelter. |
| Legal Aid South Africa | Provides legal assistance to victims. |
FAQs About What Is Considered Sexual Abuse in South Africa
Many South Africans confuse sexual abuse with rape, but the law recognises several different forms of sexual misconduct.
These FAQs explain what is considered sexual abuse in South Africa, how it is defined in law, who can be charged, and what victims should do to report it.
What is considered sexual abuse in South Africa?
Sexual abuse in South Africa refers to any unwanted sexual act, contact, or behaviour that violates a person’s dignity or bodily integrity.
It includes touching, harassment, exploitation, or forcing someone to perform sexual acts without consent.
The legal definition is found in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007).
How is sexual abuse different from rape?
Rape involves sexual penetration without consent, while sexual abuse includes a wider range of unwanted sexual conduct, such as touching or exposure.
For example, groping, indecent exposure, or forcing someone to watch pornography without consent are forms of sexual abuse but not necessarily rape.
What are examples of sexual abuse under South African law?
The law identifies several actions as sexual abuse, including:
- Sexual assault – unwanted sexual touching or groping
- Compelled sexual acts – forcing someone to perform or witness sexual acts
- Exposure of genitals or pornography to a child or adult without consent
- Child grooming – persuading or manipulating a child for sexual purposes
- Sexual exploitation or trafficking for profit or coercion
All these fall under offences listed in the Sexual Offences Act of 2007.
Who can be a victim or perpetrator of sexual abuse?
Anyone — male, female, or gender diverse — can be a victim or a perpetrator of sexual abuse.
The law is gender-neutral and protects both adults and children.
Children under 16 are legally unable to consent to sexual activity, so any sexual contact with them is automatically considered abuse.
Is sexual harassment the same as sexual abuse?
Sexual harassment is a form of sexual abuse that often occurs in workplaces, schools, or social settings.
It includes unwanted comments, jokes, gestures, or advances of a sexual nature.
The Employment Equity Act, 1998 and the Code of Good Practice on Sexual Harassment (2022) protect employees and learners from this behaviour.
What should someone do if they experience sexual abuse?
If you experience sexual abuse:
- Get to a safe place and seek medical help immediately.
- Report the incident at your nearest police station (SAPS).
- Request a J88 form and a medical examination.
- Contact a Thuthuzela Care Centre for free medical, legal, and emotional support.
- Reach out to support organisations like Rape Crisis, POWA, or LifeLine for counselling.
Police must take all sexual abuse complaints seriously under the Victim’s Charter.
What are the penalties for sexual abuse in South Africa?
Penalties depend on the seriousness of the act:
- Sexual assault can lead to up to 10 years in prison
- Sexual exploitation of a child can result in life imprisonment
- Sexual grooming or exposure can carry sentences of up to 15 years
Judges may also impose fines, counselling orders, or registration on the National Register for Sex Offenders (NRSO).
What is the National Register for Sex Offenders (NRSO)?
The NRSO is a confidential database containing names of individuals convicted of sexual offences against children or mentally disabled persons.
Those listed cannot work in positions involving contact with these groups.
The register is managed by the Department of Justice and Constitutional Development.
Can sexual abuse occur within a relationship or marriage?
Yes. Consent must exist in every sexual encounter — even between partners or spouses.
Forcing or coercing a partner to engage in sexual activity is sexual abuse and can be prosecuted as marital rape or sexual assault.
Why is it important to report sexual abuse in South Africa?
Reporting helps victims access medical care, counselling, and legal protection while holding offenders accountable.
It also prevents repeat offences and supports broader efforts to reduce gender-based violence (GBV) in South Africa.
Conclusion: Understanding Sexual Abuse in South Africa
Sexual abuse in South Africa is a crime that violates dignity and equality — both protected under the Constitution. The law recognises that sexual harm is not always physical; it can also be emotional, psychological, or coercive.
Reporting and addressing sexual abuse helps break the silence that protects perpetrators. By understanding the law, supporting victims, and speaking out, South Africans can help build a society where respect, consent, and justice are non-negotiable.
