Chairperson, hon members, the law is not there to oppress the people, but to protect them and ensure their survival in conditions that humanity deserves. This is precisely why extensive consultations with stakeholders have to take place - to ensure that our people's views, aspirations, interests and concerns are taken into account, hence the far- reaching consultations that were conducted before the presentation of this Bill to the committee.
The extent of the severity of the punitive measures with which the offences are visited must, though humane, always reflect and mirror and be commensurate with the graveness and callousness of the violation and how society frowns upon it.
The Criminal Law (Sexual Offences and Related Matters) Amendment Bill comes in response to the escalation of brutal sexual offences committed mainly, but not exclusively, against vulnerable and often defenceless women and children in circumstances associated with barbaric societies.
There is a history to this Bill. The ANC has long noted the increasing incidents of sexual abuse and violence in our society and the negative impact of such abuse and violence on the vulnerable groups - women and children. Having noted this, our democratic movement resolved to ensure that South Africa moves towards classifying violence against women and children, first and foremost, as a social problem and not as a legal problem, and to implement and concretise international and national instruments that deal with violence against women and children.
Moreover, our movement also resolved to ensure that our democratic government shifts emphasis in the criminal justice system to a more victim- oriented approach. It also resolved to ensure that it improves co-operation in respect of matters relating to violence against women and children in our society.
In giving effect to the above resolution of the ANC in 1996, our democratic government mandated the SA Law Reform Commission to investigate sexual offences by and against children. However, it was thereafter realised that both our common and statutory laws do not deal adequately and effectively with sexual offences.
As a result, the initial mandate of the SA Law Commission was extended to include sexual offences against adults and the formulation of nonlegislative recommendations with regard to the reform of the criminal justice system. This meant legislative reform that would fundamentally change the processes currently employed by the criminal justice system to deal with the crimes relating to sexual abuse and violence.
In view of the fact that sexual violence against women and girls is a problem of extraordinary proportions in South Africa, including virtually unprecedented incidents of child rape, the Bill essentially introduces mechanisms and measures that seek to enable our criminal justice system to give full effect to the protection of the women and children who are vulnerable to the escalating incidence of sexual violence.
In particular, this Bill seeks to provide for medical treatment of certain victims of sexual abuse and violence, as well as for related medical or health services. More importantly, this Bill also creates specific mechanisms and procedures for compulsory HIV testing of the alleged sexual offenders.
Furthermore, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill seeks to eliminate discriminatory differentiation that is drawn between the age of consent for boys and girls in respect of consensual sexual acts with children. In essence, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill reviews and amends comprehensively and extensively the laws relating to sexual offences in South Africa.
One provision of this Bill is for the repeal of certain common-law sexual offences. The Bill also enacts comprehensive provisions that deal with the creation of new categories of sexual offences that are aimed at addressing the vulnerability of women, children and mentally disabled persons in respect of sexual abuse and exploitation.
More importantly, the Bill entitles a victim who has been exposed to the risk of HIV infection as a result of a sexual offence against him or her, to receive, at state expense, post-exposure prophylactic treatment at a public health institution designated by the Minister of Health.
In terms of this Bill, such victim is entitled to free medical advice on the administering of such treatment and to be supplied with a list of public health institutions that provide these services.
The ANC deems it desirable that this honourable House pass this Bill for the protection of the weak and the infirm, that is the vulnerable groups - women and children. Thank you. [Applause.]