Sex abuse law's flaw in spotlight

A section of the Criminal Procedure Act should be declared unconstitutional because it treats sexual assault differently to rape.

The request that this declaration be made was put before the Johannesburg High Court by eight adults who claim to have been sexually assaulted by the late philanthropist Sidney Frankel when they were children in the 1970s and 1980s.

Frankel died at his home in Johannesburg last month at the age of 68 but the application by the eight to declare Section 18 of the act unconstitutional will proceed in the High Court today.

The section imposes a limit of 20 years in which to prosecute for sexual assault. But the limit does not apply to rape.

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The minister of justice and the Gauteng director of public prosecutions are not opposing the application.

The judge hearing the case asked Frankel's legal team to assist the court in clarifying the constitutional issues raised by the eight.

The Women's Legal Centre, the Teddy Bear Clinic and Lawyers for Human Rights have been admitted as friends of the court.

In their application, the eight said Frankel sexually assaulted them more than 20 years ago when they were between the ages of seven and 15.

The alleged assaults occurred at six locations, including Frankel's home.

In their application, the eight said the only relief they seek from the court is that the absolute bar to prosecuting in respect of sexual assaults committed more than 20 years ago be declared unconstitutional.

They said the section violates the right to dignity and a fair trial of people sexually abused but not raped more than 20 years ago.

When they laid criminal charges against Frankel in 2015, the Directorate of Public Prosecutions in Gauteng declined to prosecute because of the time limit.

"This application is not only of great importance to us but to all survivors of childhood sexual abuse, and to the public and society at large," one of the victims said in his application.