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Section history

Section 376F — Procurement of sexual activity with person with mental disability

Consolidated view is experimental and may be broken for certain provisions.

Amendments
376F.Procurement of sexual activity with person with mental disability

(1)Any person (A) shall be guilty of an offence if —

(a)A intentionally touches another person (B) who has a mental disabilityor intentionally incites B to touch A or B or another person;

(b)the touching is sexual and B consents to the touching;

Paragraph (c) — Original text to 1 January 2020superseded

(c)A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and

Paragraph (c) — From 1 January 2020 (current)restructured by Criminal Law Reform Act 2019

(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 25 years, or with fine, or with both.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 1020 years, or with fine, or with both.and shall also be liable to a fine or to caning.

Subsection (4) — Original text to 1 January 2020superseded

(4)No person shall be guilty of an offence under this section for any act with that person’s spouse.

Subsection (4) — From 1 January 2020 (current)repealed by Criminal Law Reform Act 2019

(4)[Deleted by Act 15 of 2019 wef 01/01/2020]2019]

Subsection (5) — Original text to 31 December 2021superseded

(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;

“touching” includes touching —

(a)with any part of the body;

(b)with anything else; or

(c)through anything,

and includes penetration.

[ Deleted by Act 15 of 2019 wef 01/01/2020 ][ 51/2007 ][ UK SOA 2003, ss. 34, 79; UK MH Bill 2004, clause 2(6) ]

[UK SOA 2003, ss. 34, 79; UK MH Bill 2004, clause 2(6)]

[Deleted by Act 15 of 2019 wef 01/01/2020]

[51/2007]

[UK SOA 2003, ss. 34, 79; UK MH Bill 2004, clause 2(6)]

Subsection (5) — From 31 December 2021 (current)rewritten by the Revised Edition

(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.