CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 51
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 51
51—Sexual exploitation of person with a cognitive impairment
(1) A person who
provides a service (whether for remuneration or not) to a person with a
cognitive impairment is guilty of an offence if he or she obtains or procures,
by undue influence, sexual intercourse or indecent contact with that person.
Maximum penalty: Imprisonment for 10 years.
(2) A person who
provides a service (whether for remuneration or not) to a person with a
cognitive impairment is guilty of an offence if he or she behaves in an
indecent manner in the presence of that person—
(a)
without the person's consent; or
(b) with
the person's consent where that consent was obtained by undue influence.
Maximum penalty:
(a) in
the case of a first offence—imprisonment for 3 years;
(b) in
the case of a subsequent offence—imprisonment for 5 years.
(3) This section does
not apply in relation to a person who is legally married to the person with a
cognitive impairment or is the domestic partner of that person.
(4) A defendant who
was, at the time of an alleged offence against this section, in a position of
power, trust or authority in relation to the victim of the offence, is
presumed to have obtained the consent of the victim by undue influence unless
the defendant proves the contrary on the balance of probabilities.
"close personal relationship" means the relationship between 2 adult
persons (whether or not related by family and irrespective of their gender)
who live together as a couple on a genuine domestic basis, but does not
include a relationship where 1 of the persons provides the other
with domestic support or personal care (or both) for fee or reward, or on
behalf of some other person or an organisation of whatever kind;
"cognitive impairment" includes the following:
(a) an
intellectual disability;
(b) a
developmental disorder (including an autistic spectrum disorder);
(c) a
neurological disorder;
(d)
dementia;
(e)
mental impairment;
(f) a
brain injury;
"domestic partner"—a person is the domestic partner of another if he or
she lives with the other in a close personal relationship;
"undue influence" includes the abuse of a position of trust, power or
authority.