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Potchefstroom Electronic Law Journal (PELJ)

On-line version ISSN 1727-3781

Abstract

COETZEE, SA. Sexual Grooming of Children in Teaching as a Trust Profession in South Africa. PER [online]. 2023, vol.26, n.1, pp.1-34. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2023/v26i0a14192.

The aim with this article is to put the sexual grooming of children in teaching as a trust profession in perspective. Because sexual grooming frequently precedes other sexual offences, targeting it can help prevent such offences. However, the author contends it should not be targeted as a preparatory offence but as an independent offence and form of sexual misconduct. This argument is supported by the fact that the institutional context and distinguishing features of schools make them unique hunting grounds for sexual groomers looking to sexually groom children. This risk is heightened by instances in which a school's institutional values, culture, traditions and practices facilitate sexual grooming. Furthermore, sexual grooming causes severe harm to a child, especially when it occurs within a trust relationship. Following a brief conceptual analysis of the offence of sexual grooming of children as set out in section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and some reflection on dilemmas in this regard, the author deliberates on the harmfulness of sexual grooming, focussing on teaching as a trust profession. The author then addresses schools as breeding grounds for sexual grooming before discussing the institutional facilitation of sexual grooming. The author concludes with recommendations on how sexual grooming in schools could be approached.

Keywords : Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007; educator sexual misconduct; institutional grooming; sexual grooming of children; trust profession.

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