Continued from last week

Obtaining sexual activity by inducement, threat, deception

23. (1) A person (“the accused”) commits the offence of obtaining sexual activity with a person with a mental disorder by inducement, threat, or deception if –

(a) with agreement of another person (the complainant), the accused

(i) engages in sexual activity with the complainant;

(ii) causes or incites the complainant to engage in sexual activity with a third party; or

(iii) causes the complainant to perform sexual acts including but not limited to causing the complainant to masturbate;

(b) the accused obtains the complainant’s agreement by means of an inducement offered or given, a  threat made or a deception practised by the accused for that purpose; and

(c) the complainant has a mental disorder and the accused knows or could reasonably be expected to know that the complainant has a mental disorder.

(2) A person who commits an offence under this section, if sexual activity involved sexual penetration is liable, on conviction on indictment, to imprisonment for life.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable on summary conviction to a fine of one million dollars and to imprisonment for five years, and on conviction on indictment to imprisonment for fourteen years

24. (1) A person (the accused) commits the offence of causing a person with a mental disorder to watch a sexual act or to look at an image of a person engaging in a sexual activity if-

(a) with the agreement of another person(the complainant), the accused causes the complainant to watch a third person engage in a sexual activity, or to look at an image of any person engaging in a sexual activity.

(b) the complainant agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by the accused for the purpose of obtaining that agreement; and

(c) the complainant has a mental disorder and the accused knows or could reasonably be expected to know that the complainant has a mental disorder.

(2) A person who commits an offence under this section is liable on summary conviction to a fine of one million dollars and to imprisonment for five years and on conviction on indictment to imprisonment for ten years.

(3) A person (the accused) is not guilty of an offence under this section, if the accused acts for the purpose of –

(a) protecting  the complainant from a sexually transmitted infection;

(b) protecting the physical safety of the complainant;

(c) preventing the complainant from becoming pregnant; or

(d) promoting the complainant’s emotional well-being by the giving of advice, and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the complainant’s participation in it.