Geregtelike en wetgewende reaksies op seksuele misdade deur en teen kinders in Suid-Afrikaen die potensiële gebruik van herstellendegeregtigheidspraktyke

Abstract

This contribution explores the judicial and legislative responses to sexual offences committed by, and against children. It premises its content against the contextual background of sexual offending in South Africa, and argues that traditional punitive responses to various forms of sexual crime are ineffective. It further postulates that the current status quo, at least insofar as child offences are concerned, goes against the grain of restorative justice. The authors argue that South Africa cannot simply apply either retributive or restorative justice to crimes of this nature but rather that the approaches can be blended as part of a multi-disciplinary approach to children who commit sexual offences, and children who are the victims of such offences. The submission argues for the use of restorative justice practices, primarily victim-offender mediation, where suitable on the merits.