52ECausing a person with a cognitive impairment or mental illness to be present during sexual activity

52E Causing a person with a cognitive impairment or mental illness to be present during sexual activity

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

(f) A—

(i) provides treatment or support services to C; or

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

(g) A's causing or allowing C to be present when B engages in the activity is contrary to community standards of acceptable conduct.

(3) Whether or not causing or allowing C to be present when B engages in the activity is contrary to community standards of acceptable conduct depends on the circumstances.

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

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