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South African Law Commission

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GLOSSARY OF TERMS

"Child" means a person under the age of 18 years;

"Sexual offences against children" refers to common law and statutory crimes involving prohibited sexual activity with or against children;

"offence" means an unlawful human act, which is accompanied by a blameworthy state of mind, and which is punishable by the State;

"Sexual abuse" describe the behaviour which is, or should be, prohibited by the offences; it is any act which results in the exploitation of a child, whether with their consent or not, for the purposes of sexual or erotic gratification;

"Common law" is the law of the land created by customs and judicial decisions but excluding that created by legislation;

"Statutory law" is the law of the land created by legislation;

"Substantive law" determines what type of human behaviour constitutes a crime and lays down the punishment for such crimes;

"Procedural law" prescribes how a person accused of a crime must be called to account for his or her actions and how the punishment imposed must be carried out.


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