To amend the provisions of the Immorality Act, 1957, with regard to the commission of offences with girls or boys; to prohibit the manufacture, sale or supply of any article which is intended to be used to perform an unnatural sexual act; to make provision in the said Act for a prohibition on the commission at a party of acts between male persons and which are calculated to stimulate sexual passion or to give sexual gratification; and to repeal section 10 of Act No. 22 of 1898 of Natal.
(Afrikaans text signed by the State President.) (Assented to 9th May, 1969.)
Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―
Substitution of section 14 of Act 23 of 1957.
1. The following section is hereby substituted for section 14 of the Immorality Act, 1957 (hereinafter referred to as the principal Act):
“Sexual offences with girls under sixteen or boys under nineteen.
14. (1) Any male person who—
(a)
has or attempts to have unlawful carnal intercourse with a girl under the age of sixteen years; or
(b)
commits or attempts to commit with such a girl or with a boy under the age of nineteen years an immoral or indecent act; or
(c)
solicits or entices such a girl or boy to the commission of an immoral or indecent act,
shall be guilty of an offence.
(2) It shall be a sufficient defence to any charge under this section if it shall be made to appear to the court—
(a)
that the girl at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of twenty-one years and that it is the first occasion on which he is so charged; or
(b)
that the person so charged was at the said time under the age of sixteen years if the offence was committed in respect of a girl; or
(bA)
that the person so charged was at the said time under the age of nineteen years if the offence was committed in respect of a boy; or
(c)
that the girl or person in whose charge she was, deceived the person so charged into believing that she was over the age of sixteen years at the said time.”.
