What the law states according to SA

A person will be guilty of an offence if they over a period of 3 days commit more than 1 act of sexual exploitation of a particular child under the prescribed age. 

The prescribed age is a child under the age of 16 years. 

The maximum penalty for this offence is imprisonment for life

The prosecution must prove that you:

  • sexually exploited a child under the age of 16;
  • that it was over a period of 3 days;
  • committed more than 1 act
  • knew that the victim was not consenting or was recklessly indifferent as to the consent; and
  • intended to assault the victim.

It may be a defence to the charge if you had:

  • Honest an reasonable mistake of fact

if at any time when an act of sexual exploitation of a child was allegedly committed the child was at least 16 years of age and you can prove that you believed on reasonable grounds that that the child was of or over the prescribed age then the defendant can not be guilty of an offence under this section.