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The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality Act, 1957) is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment. ==Provisions in force== ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a building to be used as a brothel, is found in a brothel and refuses to disclose the name of the keeper, and the spouse of any person who keeps a brothel. Section 4 places the onus on the prosecution to prove that the owner of a building used as a brothel knew that it was a brothel, unless the rent being paid to the owner was exorbitant, or the owner was notified by a police officer or by two householders from the vicinity. The penalty for brothel-keeping was originally imprisonment for up to three years with or without a fine of up to R600; in 1988 the fine was raised to R6 000. Until the 1985 amendment, the act also prescribed a more severe penalty of up to seven years imprisonment with or without a fine of up to R1 000 if interracial sex was involved. ;Closing of brothels :Section 5 declares that any contract to let a building for use as a brothel is null and void, while section 6 voids any contract to let a building if that building subsequently becomes a brothel, but allows that an unknowing owner may still recover rent. Section 7 allows the owner of a building being used as a brothel to apply to the local magistrate for an eviction order. Section 8 allows a magistrate to issue a warrant for the search of an alleged brothel and the arrest of the alleged brothel-keeper. Such a warrant must be based on the sworn testimony of two householders in the vicinity, a police officer, or a welfare officer. ;Procuring :Section 10 forbids procuring a woman to have sex with a third party, enticing a woman to a brothel for the purpose of sex, inducing a woman to become a prostitute, and using drugs or alcohol to overpower a woman to allow a third party to have sex with her. The penalty was originally imprisonment for up to five years, or until 1985, seven years if the sex in question was interracial. In 1988 the penalty was raised to up to seven years in all cases. ;Detention :Section 12 makes it a crime to detain a woman against her will in a brothel, or for the purpose of sex. The penalty is imprisonment for up to five years. ;Assistance :Section 12A, inserted in 1967, makes it a crime to assist a person to communicate with another person for the purpose of sex for reward. The aim is to criminalise the activities of escort agencies. The penalty is imprisonment for up to five years. ;Use of premises :Section 17 makes it an offence for the owner or occupier of a house or place to knowingly allow it to be used in the commission of any other offence against the act. The penalty was originally up to six years imprisonment and a fine of up to R1 000; in 1988 the fine was increased to R12 000. ;Soliciting :Section 19 makes it a crime to entice or solicit in a public place "for immoral purposes", or to exhibit oneself in public in "indecent dress". The 2007 act amended it so that the offence can only be committed by a person over the age of 18. The penalty was originally a fine of up to R400 or imprisonment for up to two years or both; in 1988 the fine was increased to R4 000. ;Prostitution and living on the earnings of prostitution :Section 20 prohibits having sex for reward (i.e. prostitution) and living on the earnings of prostitution. The prohibition of prostitution itself was only introduced in 1988; before that time the actual act of prostitution was not a crime. The penalty was originally imprisonment for up to three years with or without a fine of up to R600; in 1988 the fine was raised to R6 000. Until the 1985 amendment, the act also prescribed a more severe penalty of up to seven years imprisonment with or without a fine of up to R1 000 if interracial sex was involved. :Section 20 also prohibits committing an "indecent act" in public, or assisting in or receiving reward for the commission of an indecent act between two people. The penalty was originally a fine of up to R400 or imprisonment for up to two years or both; in 1988 the fine was increased to R4 000. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Sexual Offences Act, 1957」の詳細全文を読む スポンサード リンク
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