§ 376H — Procurement of sexual activity by deception or false representation

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

A intentionally touches another person (B) or intentionally incites B to —(i)

touch A or the bodily fluids of A;

(ii)

touch B;

(iii)

touch another person (C) or the bodily fluids of C; or

(iv)

be touched by C;[Act 23 of 2021 wef 01/03/2022]

(b)

the touching is sexual and B consents to the touching;

(c)

A fraudulently obtains B’s consent by means of deception or false representation practised or made by A for that purpose;

(d)

the deception or false representation mentioned in paragraph (c) relates to —(i)

the use or manner of use of any sexually protective measure; or

(ii)

the risk of B contracting a sexually transmitted disease from the touching; and[Act 23 of 2021 wef 01/03/2022]

(e)

A knows or has reason to believe that the consent was given in consequence of such deception or false representation.[15/2019]

(2) A person who is guilty of an offence under subsection (1) shall —(a)

in the case where the sexual touching mentioned in that subsection involved —(i)

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

(ii)

penetration of the mouth with the penis,

be punished on conviction with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or any combination of such punishments; and

(b)

in any other case, be punished on conviction with imprisonment for a term which may extend to 2 years, or with fine, or with both.[15/2019]

(3) For the purposes of subsection (1) —(a)

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

(b)

a representation may be express or implied; and

(c)

a “sexually protective measure” means —(i)

where B is female, a device, drug or medical procedure to prevent pregnancy or sexually transmitted diseases as a result of sexual intercourse; or

(ii)

where B is male, a device, drug or medical procedure to prevent sexually transmitted diseases as a result of sexual intercourse.[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 —(i)

touch A or the bodily fluids of A;

(ii)

touch B;

(iii)

touch another person (C) or the bodily fluids of C; or

(iv)

be touched by C;[Act 23 of 2021 wef 01/03/2022]

(b)

the touching is sexual and B consents to the touching;

(c)

A fraudulently obtains B’s consent by means of deception or false representation practised or made by A for that purpose;

(d)

the deception or false representation mentioned in paragraph (c) relates to —(i)

the use or manner of use of any sexually protective measure; or

(ii)

the risk of B contracting a sexually transmitted disease from the touching; and[Act 23 of 2021 wef 01/03/2022]

(e)

A knows or has reason to believe that the consent was given in consequence of such deception or false representation.[15/2019]

(2) A person who is guilty of an offence under subsection (1) shall —(a)

in the case where the sexual touching mentioned in that subsection involved —(i)

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

(ii)

penetration of the mouth with the penis,

be punished on conviction with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or any combination of such punishments; and

(b)

in any other case, be punished on conviction with imprisonment for a term which may extend to 2 years, or with fine, or with both.[15/2019]

(3) For the purposes of subsection (1) —(a)

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

(b)

a representation may be express or implied; and

(c)

a “sexually protective measure” means —(i)

where B is female, a device, drug or medical procedure to prevent pregnancy or sexually transmitted diseases as a result of sexual intercourse; or

(ii)

where B is male, a device, drug or medical procedure to prevent sexually transmitted diseases as a result of sexual intercourse.[15/2019]