A while ago a man named Arnold Prins was charged with sexual assault for forcibly fondling a woman. He was not sentenced, as the act of “fondling” has no penalty under the Sexual Offences Act. But a High Court ruling today has given the Western Cape’s National Prosecuting Authority leave to appeal the original judgment, because the act is flawed.

A full bench of the Western Cape High Court found this morning that the NPA had a reasonable chance of success in another court. The NPA may now approach the Supreme Court of Appeal to reconsider the Prins judgment. With lower courts being bound by the final decision, the eventual outcome will have major repercussions on sexual offence cases, certainly in the Western Cape.

At the moment, other sexual acts which do not carry penalties under the Sexual Offences Act include sexual assault, consensual sexual acts with children, sexual exploitation and grooming of children, and sexual offences against mentally challenged people.

Along with inappropriate fondling, as in the Prins case, those are some pretty serious loopholes.

[Source: City Press]