Organisations welcome judgment in Sidney Frankel sexual assault case
19 June 2017
The Teddy Bear Foundation and Centre for Applied Legal Studies today welcomed the judgment by the South Gauteng High Court in a case brought against accused sexual offender the late Sidney Frankel. The application challenged a section of the Criminal Procedure Act which gives the state a maximum of 20 years to initiate prosecution for a crime of sexual assault while there is no such time limit for the crime of rape.
In a landmark judgment, Acting Judge Hartford today ruled that the prescription periods for sexual offences set out in the Criminal Procedure Act are invalid and that there should no longer be time limits for prosecuting these serious crimes, saying at paragraph 68:
“The law must encourage the prosecution of these nefarious offences, which are a cancer in South African society, and must support victims in coming forward, no matter how late in the day. The law should not smother a victim’s ability to bring sexual offenders to book, as it presently does.”
The Court has suspended the declaration of invalidity for 18 months to give Parliament time to amend the relevant legislation. This judgment will now need to be confirmed by the Constitutional Court.