S v Rautenbach (186/99)
S v Rautenbach (186/99) [2001] ZASCA 42; [2001] 3 All SA 299 (A); 2001 (1) SACR 521 (SCA) (26 March 2001)
The Supreme Court of Appeal held that the phrase 'immoral or indecent act' in section 14(1)(b) of the Sexual Offences Act 23 of 1957 requires a sexual connotation. The court found that the communal bathing between the appellant and the boys, under the circumstances, did not possess any sexual motive or implication. The conduct was not secretive, was known to the boys' families, and did not involve sexual activity or stimulation. The court emphasized that criminal liability under the provision cannot be established merely on the basis of conduct that is unusual or broadly improper; a sexual el…
Source excerpt
- Sexual Offences
- Interpretation Of Statutes
- Public Morality
- Actus Reus