Sexual exploitation of person with significant impairment

Question 1

Section, penalty

Answer 1

Section 138 CA 1961

10 yrs

Question 2

Legislation (1)(2)(3)

Answer 2

(1) Everyone is liable for imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a significant impairment
(2) Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to have exploitative sexual connection with a person with a significant impairment

(3) For the purposes of (1) & (2) a person has exploitative sexual connection with a person with a significant impairment (the impaired person) if he or she -
(a) has sexual connection with the impaired person KNOWING that the impaired person has a significant impairment; and
(b) 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 (4)(5)

Answer 3

(4) Everyone is liable to imprisonment for a term not exceeding 5 years who exploitatively does an indecent act on a person with a significant impairment
(5) The same as (3)(a) & (b) but indecent act

Question 4

Legislation (6)

Answer 4

(6) For the purposes of this section, 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