Sexual exploitation of person with significant impairment

Question 1

Section, penalty

Answer 1

138 CA61, 10 yrs

Question 2

Legislation (1)(2)(3)

Answer 2

who has exploitative sexual connection/ attempted sexual connection and does an indecent act with a person with a significant impairment

a person has exploitative sexual connection with a person with a significant impairment if he or she -

• KNOWS that the impaired person has 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.

Question 3

Legislation (6)

Answer 3

a significant impairment is an intellectual, mental, or physical condition or impairment that affects a person to such an extent that it significantly impairs the persons capacity -

(a) to understand the nature of sexual conduct; or
(b) to understand the nature of decisions about sexual conduct
(c) to foresee the consequences of decisions about sexual conduct; or
(d) to communicate decisions about sexual conduct