s 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]