(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 30 May 2025.
Timeline 5 versions
(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.