s 335A Allowing neglect, physical or sexual abuse of domestic worker or vulnerable person
335A.—(1) A person (A) shall be guilty of an offence if —(a) a domestic worker (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C); (b) A knew or had reason to believe that B was at risk of such neglect, hurt, grievous hurt, sexual abuse or injury caused by C; (c) A was at the time of the risk mentioned in paragraph (b) the employer of B, a member of B’s employer’s household or an employment agent of B; (d) A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and (e) the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.[15/2019] (2) A person (A) shall be guilty of an offence if —(a) a vulnerable person (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C); (b) A knew or had reason to believe that B was at risk of neglect, hurt, grievous hurt, sexual abuse or injury caused by C; (c) A had, at the time of the risk mentioned in paragraph (b), the custody, charge or care of B; (d) A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and (e) the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.[15/2019] (3) For the purposes of this section, “unlawful act”, other than an act by A, is one that constitutes an offence that causes neglect, hurt, grievous hurt or sexual abuse to B or injury to B’s mental health or would constitute such an offence but for being the act of —(a) a person below the age specified in section 82; (b) a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act; (c) a person entitled to rely on a defence of unsoundness of mind; (d) a person entitled to rely on a defence of intoxication; or (e) a person entitled to rely on a defence of mistake of fact.[15/2019] (4) A’s circumstances mentioned in subsections (1)(d) and (2)(d), include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by C.[15/2019] (5) Any person who is guilty of an offence under subsection (1) or (2) shall on conviction —(a) in the case where death is caused to the domestic worker or vulnerable person, be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $20,000, or with both; and (b) in any other case, be punished with imprisonment for a term which may extend to 4 years, or with fine which may extend to $4,000, or with both.[15/2019] (6) In this section —“domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4); “neglect” has the meaning given by section 304B(2); “sexual abuse” means abuse caused to a victim by the commission of a sexual offence within the meaning of section 2(1) of the Criminal Procedure Code 2010; “vulnerable person” has the meaning given by section 74A(5).[15/2019] —(1) A person (A) shall be guilty of an offence if —(a) a domestic worker (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C); (b) A knew or had reason to believe that B was at risk of such neglect, hurt, grievous hurt, sexual abuse or injury caused by C; (c) A was at the time of the risk mentioned in paragraph (b) the employer of B, a member of B’s employer’s household or an employment agent of B; (d) A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and (e) the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.[15/2019] (2) A person (A) shall be guilty of an offence if —(a) a vulnerable person (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C); (b) A knew or had reason to believe that B was at risk of neglect, hurt, grievous hurt, sexual abuse or injury caused by C; (c) A had, at the time of the risk mentioned in paragraph (b), the custody, charge or care of B; (d) A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and (e) the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.[15/2019] (3) For the purposes of this section, “unlawful act”, other than an act by A, is one that constitutes an offence that causes neglect, hurt, grievous hurt or sexual abuse to B or injury to B’s mental health or would constitute such an offence but for being the act of —(a) a person below the age specified in section 82; (b) a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act; (c) a person entitled to rely on a defence of unsoundness of mind; (d) a person entitled to rely on a defence of intoxication; or (e) a person entitled to rely on a defence of mistake of fact.[15/2019] (4) A’s circumstances mentioned in subsections (1)(d) and (2)(d), include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by C.[15/2019] (5) Any person who is guilty of an offence under subsection (1) or (2) shall on conviction —(a) in the case where death is caused to the domestic worker or vulnerable person, be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $20,000, or with both; and (b) in any other case, be punished with imprisonment for a term which may extend to 4 years, or with fine which may extend to $4,000, or with both.[15/2019] (6) In this section —“domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4); “neglect” has the meaning given by section 304B(2); “sexual abuse” means abuse caused to a victim by the commission of a sexual offence within the meaning of section 2(1) of the Criminal Procedure Code 2010; “vulnerable person” has the meaning given by section 74A(5).[15/2019]