Government-funded programmes and services for vulnerable - Unicef

Government-funded programmes and services for vulnerable - Unicef Government-funded programmes and services for vulnerable - Unicef

22.10.2014 Views

Department of Police, SAPS and the NPA ➔ deliberate neglect and exploitation under the Children’s Act and the Children’s Amendment Act; pornography in terms of the Films and Publications Act. Protection and support services for children who are victims of sexual offences and exploitation The new Sexual Offences Act together with the National Instructions 3/2008 on Sexual Offences make provision for a number of support services to be provided by the SAPS for victims of sexual offences. Targeted beneficiaries Children younger than 18 who are victims of sexual offences as defined in the previous rows Ideally the FCS officers/units within SAPS, failing which, any police official When a victim reports a sexual offence, the police official must: take the victim’s statement in a private space; provide reassurance to the victim of his or her safety; determine if the victim requires medical assistance and, if so, make arrangements for him or her to obtain it; ask the victim if they would like another person present; record the victim’s statement in writing; be mindful of the victim’s emotions when taking the statement; and open a docket and register it. vii ➔ 215

Government-funded programmes and services for vulnerable children in SA ➔ The police official must also advise victims, when laying a charge, of: their right in terms of section 28 of the New Sexual Offences Act to receive PEP at health facilities at the expense of the state and of the importance of obtaining PEP; viii their right to apply to a magistrate for compulsory testing of the alleged offender; ix and the importance of and need to obtain medical advice and assistance for other sexually transmitted infections other than HIV/AIDS. x The National Instructions for Sexual Offences includes ‘Guidelines relating to the taking of a statement of a child victim’. In terms of these guidelines, the police official taking a child victim’s statement must: taking the sworn statement, that the child understands the oath or affirmation. It is generally accepted that children younger than 12 cannot understand the oath and therefore cannot give a sworn statement; ➔ 216

<strong>Government</strong>-<strong>funded</strong> <strong>programmes</strong> <strong>and</strong> <strong>services</strong> <strong>for</strong> <strong>vulnerable</strong> children in SA<br />

➔<br />

The police official must<br />

also advise victims,<br />

when laying a charge,<br />

of: their right in terms<br />

of section 28 of the<br />

New Sexual Offences<br />

Act to receive PEP at<br />

health facilities at the<br />

expense of the state<br />

<strong>and</strong> of the importance<br />

of obtaining PEP; viii<br />

their right to apply<br />

to a magistrate <strong>for</strong><br />

compulsory testing of<br />

the alleged offender; ix<br />

<strong>and</strong> the importance<br />

of <strong>and</strong> need to obtain<br />

medical advice <strong>and</strong><br />

assistance <strong>for</strong> other<br />

sexually transmitted<br />

infections other than<br />

HIV/AIDS. x<br />

The National<br />

Instructions <strong>for</strong> Sexual<br />

Offences includes<br />

‘Guidelines relating<br />

to the taking of a<br />

statement of a child<br />

victim’. In terms of<br />

these guidelines, the<br />

police official taking a<br />

child victim’s statement<br />

must:<br />

<br />

taking the sworn<br />

statement, that the<br />

child underst<strong>and</strong>s the<br />

oath or affirmation. It<br />

is generally accepted<br />

that children younger<br />

than 12 cannot<br />

underst<strong>and</strong> the<br />

oath <strong>and</strong> there<strong>for</strong>e<br />

cannot give a sworn<br />

statement;<br />

➔<br />

216

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