§ 376F — Procurement of sexual activity with person with mental disability

376F.—(1) Any person (A) shall be guilty of an offence if —(a)

A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;

(b)

the touching is sexual and B consents to the touching;

(c)

A obtains B’s consent —(i)

where B is not A’s spouse, by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; or

(ii)

where B is A’s spouse, by means of a threat made or a deception practised by A for that purpose;

(ca)

B has a mental disability; and

(d)

A knows or could reasonably be expected to know that B has a mental disability.[15/2019]

(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.[27/2018]

(3) If the touching involved —(a)

penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or

(b)

penetration of the mouth with the penis,

a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to a fine or to caning.

[27/2018]

(4) [Deleted by Act 15 of 2019]

(5) For the purposes of this section, “mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching.[15/2019]

—(1) Any person (A) shall be guilty of an offence if —(a)

A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;

(b)

the touching is sexual and B consents to the touching;

(c)

A obtains B’s consent —(i)

where B is not A’s spouse, by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; or

(ii)

where B is A’s spouse, by means of a threat made or a deception practised by A for that purpose;

(ca)

B has a mental disability; and

(d)

A knows or could reasonably be expected to know that B has a mental disability.[15/2019]

(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.[27/2018]

(3) If the touching involved —(a)

penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or

(b)

penetration of the mouth with the penis,

a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to a fine or to caning.

[27/2018]

(4) [Deleted by Act 15 of 2019]

(5) For the purposes of this section, “mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching.[15/2019]