52DSexual activity in the presence of a person with a cognitive impairment or mental illness

52D Sexual activity in the presence of a person with a cognitive impairment or mental illness

(e) B has a cognitive impairment or mental illness; and

(f) A—

(ii) is a worker for a service provider that provides treatment or support services to B; and

(g) engaging in the activity in the presence of B is contrary to community standards of acceptable conduct.

(3) Whether or not engaging in the activity in the presence of B is contrary to community standards of acceptable conduct depends on the circumstances.

(ii) whether A seeks or gets sexual arousal or sexual gratification from engaging in the activity or from the presence of B;

S. 52E inserted by No. 47/2016 s. 16.