(a)A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;
Section history
Section 376F — Procurement of sexual activity with person with mental disability
As in force on 31 December 2021.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(1)Any person (A) shall be guilty of an offence if —
(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.
(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.
(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.
(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.