126Penetrative sexual abuse of person with mental impairment

126 Penetrative sexual abuse of person with mental impairment

[Section 126 Substituted by No. 71 of 1987, s. 9 ][Section 126 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 126 Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001]

(1)  Any person responsible for the care of a person with a mental impairment who has sexual intercourse with that person is guilty of a crime.

Charge:  [Section 126 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Penetrative sexual abuse of a person with a mental impairment.

(2)  It is a defence to a charge under this section to prove that –

(a) at the time of the act –

(i) the person with the mental impairment consented to the act; and

(ii) the giving of that consent was not unduly influenced by the fact that the person was responsible for the care of the person with the mental impairment; or

(b) [Section 126 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] at the time of the act, the person was married to, or was in a significant relationship, within the meaning of the Relationships Act 2003 , with, the person with the mental impairment.

(3)  For the purpose of this section, a person is responsible for the care of a person with a mental impairment if the person provides medical, nursing, therapeutic or educative services to the person with a mental impairment in connection with that mental impairment.

(4)  In this section –

[Section 126 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] mental illness has the same meaning as in the Mental Health Act 2013 ;