208LMeaning of cognitive impairment

208L Meaning of cognitive impairment For this Division, a person has a cognitive impairment if: (a) the person has one of the following impairments: (i) an intellectual disability; (ii) a developmental disorder (including an autistic spectrum disorder); (iii) a neurological disorder; (iv) dementia; (v) a severe mental illness; (vi) a brain injury; and (b) the impairment results in the person requiring supervision or social habilitation in connection with daily life activities. 208LA Person responsible for care of person with cognitive impairment (1) For this Division, a person is responsible for the care of a person with a cognitive impairment if the person provides care to that person, whether or not on a voluntary basis: (a) at a facility at which persons with a cognitive impairment are detained, reside or attend; or

Criminal Code Act 1983 200 (b) at the home of that person as part of a service or program under which the operator of a facility mentioned in paragraph (a), or another government or community organisation or service provider, provides care to persons with a cognitive impairment. (2) In subsection (1): care includes health care, education and supervision. 208LB Sexual intercourse – person with cognitive impairment (a) is responsible for the care of a person with a cognitive (b) intentionally engages in sexual intercourse with the person with a cognitive impairment. 208LC Causing sexual intercourse or penetration – person with cognitive impairment (a) is responsible for the care of a person with a cognitive (b) intentionally causes the person with a cognitive impairment: genitals or anus.

Criminal Code Act 1983 201 208LD Gross indecency – person with cognitive impairment (a) the person is responsible for the care of a person with a cognitive impairment; and (i) performs an act on the person with a cognitive impairment; or (ii) causes or allows the person with a cognitive impairment to perform an act on the person; and (c) the act is grossly indecent. aggravated offence, 9 years. 208LE Indecent touching or act – person with cognitive impairment (a) the person is responsible for the care of a person with a cognitive impairment; and (i) touches the person with a cognitive impairment; or (ii) causes or allows the person with a cognitive impairment to touch the person; or (iii) engages in an act directed at the person with a cognitive (c) the touching or act is indecent.

Division 6 Sexual acts committed against close family members Criminal Code Act 1983 202 208LF Defence – consent (1) Consent of the person with a cognitive impairment concerned is not a defence to an offence against this Division, except as provided by subsection (2). (2) A person who is responsible for the care of a person with a cognitive impairment is not criminally responsible for an offence against this Division in relation to conduct if, at the time of the conduct: (a) the person with a cognitive impairment consented to the conduct; and (b) the giving of the consent was not unduly influenced by the fact that the person was responsible for the care of the person with a cognitive impairment. 208LG Defence – marriage or de facto relationship A person who is responsible for the care of a person with a cognitive impairment is not criminally responsible for an offence against this Division in relation to conduct if, at the time of the conduct: (a) the person was married to, or honestly believed on reasonable grounds that the person was married to, the person with a cognitive impairment; or (b) the person was the de facto partner of, or honestly believed on reasonable grounds that the person was the de facto partner of, the person with a cognitive impairment. Division 6 Sexual acts committed against close family members