Aggravated sexual act
61KF Aggravated sexual act
Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent and in circumstances of aggravation intentionally—
carries out a sexual act with or towards the complainant, or
incites the complainant to carry out a sexual act with or towards the accused person, or
incites a third person to carry out a sexual act with or towards the complainant, or
incites the complainant to carry out a sexual act with or towards a third person,
is guilty of an offence.
Maximum penalty—Imprisonment for 3 years.
In this section, circumstances of aggravation means circumstances in which—
the accused person is in the company of another person or persons, or
the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
the complainant has a serious physical disability, or
the complainant has a cognitive impairment.
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