Sexual penetration of a person with a cognitive impairment or mental illness

In force

S. 52B inserted by No. 47/2016 s. 16.

(1)

A person (A) commits an offence if—

(a)

A intentionally—

(i)

sexually penetrates another person (B); or

(ii)

causes or allows B to sexually penetrate A; or

(iii)

causes B—

(A)

to sexually penetrate themselves; or

(B)

to sexually penetrate another person (C) or an animal; or

(C)

to be sexually penetrated by C or by an animal; and

(b)

B has a cognitive impairment or mental illness; and

(c)

A—

(i)

provides treatment or support services to B; or

(ii)

is a worker for a service provider that provides treatment or support services to B.

(2)

A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

Notes

1 Exceptions apply to this offence—see sections 52F and 52G.

2 Defences apply to this offence—see sections 52H, 52I and 52J.

3 A mistaken but honest and reasonable belief of certain matters is not a defence against this offence—see section 52K.

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