11AMatters to be taken or not taken into account in sentencing certain sexual offenders

11A Matters to be taken or not taken into account in sentencing certain sexual offenders

[Section 11A Inserted by No. 36 of 2016, s. 4, Applied:07 Oct 2016]

(1)  In this section –

aggravating circumstance, in relation to a sexual offence, includes, but is not limited to, the following:

(a) the victim being under the care, supervision or authority of the offender;

(b) the victim being a person with a disability;

(c) the victim being under the age of 13 years;

(d) the offender committing the offence in whole or in part in the presence of any other person or persons, besides the victim;

(da) [Section 11A Subsection (1) amended by No. 2 of 2023, s. 42, Applied:20 Apr 2023] the victim being under the age of 18 years and the offender being a person in a position of authority in relation to the victim (regardless of whether the offence is under section 124A of the Criminal Code, or any other section of the Criminal Code);

(e) the offender subjecting the victim to violence or the threat of violence;

(f) the offender supplying the victim with alcohol or drugs with the intention of facilitating the commission of the offence;

(g) the offender making forced or uninvited entry into the victim's home or other premises;

(h) the offender doing, in the course of committing the sexual offence, an act likely to seriously and substantially degrade or humiliate the victim;

(i) the offender causing any other person or persons to carry out an act referred to in paragraph (e) , (f) , (g) or (h) of this definition;

disability means any restriction or lack (resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function) of ability to perform an activity in a normal manner;