138 - Sexual Exploitation Of Person With Significant Impairment

Question 1

What is the Act, Section and penalty ?

Answer 1

Crimes Act 1961
Section 138
Term not exceeding 10 years

Question 2

What are the elements ?

Answer 2

1. Everyone
2. Has exploitative sexual connection | Attempts to have exploitative
3. Knowing impaired person has a significant impairment AND obtained the impaired persons participation by taking advantage of the impairment
4. Does an Indecent Act *5. and what’s outlined in (3)

Question 3

(6) A significant impairment is .

Answer 3

An intellectual, mental or physical condition or impairment that affects a person to such an extent that it impairs their capacity -

a. Understand the nature of sexual conduct OR
b. Understand the nature of decisions about sexual conduct OR
c. Foresee the consequences of decisions about sexual conduct OR
d. Communicate decisions about sexism conduct