Sexual Exploitation Of Person With Significant Impairment

Question 1

What is the section and elements of sexual exploitation of person with significant impairment?

Answer 1

Section 138(1) connection
Section 138(2) attempts

Has sexual connection with impaired person knowing that the impaired person is a person with a significant impairment and
Has obtained the impaired persons acquiesce in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

Question 2

What is significant impairment?

Answer 2

An intellectual, mental or physical condition or impairment (or combination) that effects a person to such an extent that it significantly impairs the persons capacity to:
Understand the nature of the sexual conduct
Understand the nature of decisions about sexual conduct
Foresee the consequences of decisions about sexual conduct
Communicate decisions about sexual conduct

Question 3

When is offence of sexual exploitation of impaired person complete / elements?

Answer 3

Has sexual connection with impaired person knowing that the impaired person is a person with a significant impairment and
Has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.