Fight over children on sex list

The rights of the sexual abusers of children and of their victims came under scrutiny in the Constitutional Court yesterday.

The court was asked to confirm a Cape Town High Court finding that the sexual offences section of the Criminal Law Amendment Act was unconstitutional because it did not give a court discretion in deciding whether to insert a child's name in the National Register for Sex Offenders. It also did not allow a child to make representations on why his personal details should not be entered into the register.

The case before the Constitutional Court involved a teenager who, aged 14, raped three boys, aged between six and seven. His lawyer argued that the Criminal Law Amendment Act was overly broad. Several NGOs that have joined the case argued that the provision went beyond what was necessary to protect children from sexual predators.

In the more serious cases, the law does not take into account that many children can be rehabilitated, the NGOs said.

Professor Ann Skelton, director of the Centre for Child Law, referred to evidence that indicated that 85% to 95% of child offenders did not offend again.

"Most children do not grow up as adult predators, but some fall through the cracks because they were not assisted when they could have been.

"The earlier we identify these behaviours and assess them, the better the chances of them not continuing [with such behaviour]," said Arina Smit, of the National Institute for Crime Prevention and Reintegration of Offenders (Nicro).

The consequences of being listed on the sexual offenders register are harsh. Employment opportunities are limited and the ability to adopt or foster children can be affected.

Justice Minister Jeff Radebe did not oppose the high court finding but his lawyer argued that it was problematic because it was not based on the facts of the case.

In the high court, Radebe's lawyer argued that the national register should include all sex offenders.

During yesterday's proceedings the effectiveness of the register was put in the spotlight.

When the minister's legal team failed to answer questions about the particulars of the register, including how many children were listed on it, Acting Chief Justice Dikgang Moseneke said that the court would be requesting "formal evidence".

On Wednesday, Justice Department spokesman Mthunzi Mhaga said there were about 14000 offenders on the list but none were children.

But the Teddy Bear Clinic, Childline SA and Nicro said children were listed o n the register.

The Constitutional Court reserved judgment.