Mandatory Reporting of Sexual Offences in the Tertiary Education Healthcare Environment
Résumé
Sexual offences at institutions of higher education and training have reached alarming levels. To address this concern, the Legislature, through Amendment Act 13 of 2021, has extended the definition of a “vulnerable person” to include females, under 25 years of age, who are enrolled in post-school education. SORMA further provisions for mandatory reporting obligations concerning victims who resort within the “vulnerable person” categories. As a result, any person, who is aware or has a reasonable suspicion that a vulnerable person has been the victim of a sexual offence is required to report such knowledge or suspicion to the South African Police Services. Given this legislative development, healthcare providers and institutions, particularly those serving the student population, are now required to breach the well-established and constitutionally-based healthcare principles of autonomy, confidentiality and privacy or face criminal liability. This contribution unpacks the importance of said healthcare principles and ethics and argues that the amendment to the definition of a vulnerable person, to the extent that it includes a very narrow category of adult persons, free from diminished capacity, is neither preferable nor justifiable in a democratic society. It further warns of the potential indirect limitations to the rights of access to health care services, dignity as well as physical and psychological integrity it may cause.
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