Related Research Articles
The Prohibition of Mixed Marriages Act, Act No. 55 of 1949, was an apartheid-era law in South Africa that prohibited marriages between "whites" and "non-whites". It was among the first pieces of apartheid legislation to be passed following the National Party's rise to power in 1948. Subsequent legislation, especially the Population Registration and Immorality Acts of 1950, facilitated its implementation by requiring all individuals living in South Africa to register as a member of one of four officially defined racial groups and prohibiting extramarital sexual relationships between those classified as "white" on the one hand and those classified as "non-White" on the other. It did not criminalize sexual relationships between those classified as "non-Europeans".
The Population Registration Act of 1950 required that each inhabitant of South Africa be classified and registered in accordance with their racial characteristics as part of the system of apartheid.
A ban is a formal or informal prohibition of something. Bans are formed for the prohibition of activities within a certain political territory. Some bans in commerce are referred to as embargoes. Ban is also used as a verb similar in meaning to "to prohibit".
Lesbian, gay, bisexual and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
The system of racial segregation and oppression in South Africa known as apartheid was implemented and enforced by many acts and other laws. This legislation served to institutionalize racial discrimination and the dominance by white people over people of other races. While the bulk of this legislation was enacted after the election of the National Party government in 1948, it was preceded by discriminatory legislation enacted under earlier British and Afrikaner governments. Apartheid is distinguished from segregation in other countries by the systematic way in which it was formalized in law.
Prostitution in South Africa is illegal for both buying and selling sex, as well as related activities such as brothel keeping and pimping. However, it remains widespread. Law enforcement is poor.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act also added a new section 33A. These sections create offences to deal with brothels.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law but are typically understood by courts to include any sexual act deemed to be "unnatural" or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexual couples.
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
Anti-miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races.
In the United States, anti-miscegenation laws were passed by most states to prohibit interracial marriage, and in some cases also prohibit interracial sexual relations. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Nine states never enacted such laws; 25 states had repealed their laws by 1967, when the United States Supreme Court ruled in Loving v. Virginia that such laws were unconstitutional in the remaining 16 states. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery.
Geldenhuys v National Director of Public Prosecutions and Others is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for heterosexual sex.
The Immorality Act, 1927 was an act of the Parliament of South Africa that prohibited extramarital sex between white people and people of other races. In its original form it only prohibited sex between a white person and a black person, but in 1950 it was amended to apply to sex between a white person and any non-white person.
The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment.
The Immorality and Prohibition of Mixed Marriages Amendment Act, 1985 is an act of the Parliament of South Africa that repealed the laws prohibiting marriage and sexual intercourse between white people and people of other races. It was one of the early legislative steps towards the end of apartheid.
Section 20A of the Immorality Act, 1957, commonly known as the "men at a party" clause, was a South African law that criminalised all sexual acts between men that occurred in the presence of a third person. The section was enacted by the Immorality Amendment Act, 1969 and remained in force until it was found to be unconstitutional in 1998 by the Constitutional Court in the case of National Coalition for Gay and Lesbian Equality v Minister of Justice.
During the beginning of the late Victorian era in Cape Town, South Africa, prostitution was considered an offense but was rarely prosecuted. The majority of prostitutes during this time were local women of color, though there was a small number of European women partaking in sex work as well. As time progressed, regulations on prostitutes increased under the Contagious Diseases Acts, and Cape Town saw a rise in both European prostitutes and prostitution itself as a result of the Mineral Revolution and the Second Boer War.
References
- ↑ Klausen, Susanne M (2022). ""Do You Call Yourself a White Man?"". The American Historical Review. 127 (1): 159–193. doi:10.1093/ahr/rhac013. ISSN 0002-8762.
- ↑ Bamford, B.R (1960). "Offences Under the Immorality Act". South African Law Journal. 77: 167.
- ↑ Martins, Jeremy (2007). "Citizenship, "Civilisation", and the Creation of South Africa's Immorality Act, 1927". South African Historical Journal. 59 (1): 223–241. doi:10.1080/02582470709464779. S2CID 144954485.
- 1 2 Johnson, Shaun (1989). South Africa: no turning back . Indiana University Press. ISBN 0-253-35395-5.
- ↑ "South Africa Frees Interracial Couple". The New York Times: 42. 13 May 1969. ProQuest 118512158.
- ↑ Wikisource:Immorality and Prohibition of Mixed Marriages Amendment Act, 1985
- ↑ Milton, John (1988). "The Sexual Offences Act". South African Journal of Criminal Justice. 1 (2): 269–274.
- ↑ "Immorality Amendment Act (No. 2 of 1988)". Statues of the Republic of South Africa. Criminal Law and Procedure (22): 633–34. 25 Feb 1988.
