The Sexual Offences Act 2010
Continued from last week

25. (1) A person (“the accused’’) who is a care worker, commits the offence of a care worker engaging in, causing  or inciting sexual activity with a person (“ the complainant”) if –

(a) 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 or incites the complainant to perform sexual acts including but not limited to causing the complainant to masturbate;

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

(c) the accused is involved in the complainant’s care in a way that falls within section 27.

(2) Where in proceeding for an offence under this section it is proved that the complainant had a mental disorder, it is to be taken that the accused knew or could reasonably have been expected to know that the complainant had a mental disorder unless prima facie evidence is adduced to raise an issue as to whether the accused knew or could reasonably have been expected to know it.

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

(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable-

(a) on summary conviction, to a fine of one million dollars and to imprisonment for five years;

(b) on conviction on indictment, to imprisonment for ten years.

(5) A person (‘‘the accused”) does not commit an offence under this section if-

(a) at the time the complainant is eighteen years of age or over, and the accused and the complainant  are lawfully married; or

(b) immediately before the accused  became involved in the complainant’s care in a way that falls within section 27, a sexual relationship existed between the accused and the complainant.

(6) Subsection (5) (b) does not apply if at that time sexual intercourse between the accused and the complainant would have been unlawful.

(7) In proceeding for an offence under this section it is for the accused to prove the matters mentioned in subsection (5) (a) and (b).

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

(a) for the purpose of obtaining sexual gratification, the accused causes another person (“the complainant”), to watch a third person engaging in a sexual activity or to look at an image of any person engaging in a sexual activity;

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

(c) the accused  is involved in the complainant’s care in a way that falls within  section 27.