31 [63] There are a number of statutory provisions in the Sexual Offences Act (referred to supra) which are relevant: 63.1 S 3, which defines the offence of rape; 63.2 S 56(1), which stipulates that it is not a valid defence to rape to rely on the existence of a ‘marital or other relationship’; 63.3 S 56(8), which appears to be the only limitation in relation to criminal liability in respect of cultural practices in the Act, and provides that a person may not be convicted of an offence in terms of s 9 or s 22 (exposing bodily parts) if that person commits such an act ‘in compliance with and in the interests of a legitimate cultural practice’; 63.4 Part 6 (ss 70-72), which contain the transitional provisions pertaining to trafficking in persons for sexual purposes, pending the adoption of legislation in compliance with the Protocols referred to therein. These include (with reference to the preamble to the Act) the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979 and the UN Convention on the Rights of the Child, 1989 (CRC). South Africa, as a member state, is obliged to combat and ultimately eradicate abuse and violence against women and children;

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