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CRIMES ACT 1900 - SECT 66F
Sexual offences--cognitive impairment
66F Sexual offences--cognitive impairment
(1) Meaning of "person responsible for care" For the purposes of this section,
a person is responsible for the care of a person who has a
cognitive impairment if the person provides care to that person-- (a) at a
facility at which persons with a cognitive impairment are detained, reside or
attend, or
(b) at the home of that person in the course of a program under
which any such facility or other government or community organisation provides
care to persons with a cognitive impairment.
The care of a person with a
cognitive impairment includes voluntary care, health professional care,
education, home care and supervision.
(2) Sexual intercourse:
person responsible for care A person-- (a) who has sexual intercourse with a
person who has a cognitive impairment, and
(b) who is responsible for the
care of that person (whether generally or at the time of the
sexual intercourse),
is guilty of an offence. : Maximum penalty--imprisonment
for 10 years.
(3) Sexual intercourse: taking advantage of impairment A person
who has sexual intercourse with a person who has a cognitive impairment, with
the intention of taking advantage of that person's cognitive impairment, is
guilty of an offence. : Maximum penalty--imprisonment for 8 years.
(5)
Consent not a defence for sexual intercourse The consent of a person who has a
cognitive impairment is not a defence to a charge for an offence under
subsection (2) or (3) (or under section 344A in connection with such an
offence).
(6) Consent not a defence for sexual touching or sexual act The
consent of a person who has a cognitive impairment is not a defence to a
charge for an offence under section 61KC, 61KD, 61KE or 61KF (or under
section 344A in connection with such an offence) if-- (a) the accused was
responsible for the care of that person (whether generally or at the time of
the conduct constituting the offence), or
(b) the accused engaged in the
conduct constituting the offence with the intention of taking advantage of
that person's cognitive impairment.
(7) Defences It is a defence to a charge
for an offence under subsection (2) or (3) (or under section 344A in
connection with such an offence) or an offence referred to in subsection (6)
in which the prosecution relies on the operation of that subsection-- (a) if,
at the time of the conduct constituting the offence-- (i) the accused did not
know the person to whom the charge relates had a cognitive impairment, or
(ii) the accused was married to the person to whom the charge relates or was
the de facto partner of that person, or
(b) if the act constituting the
offence was carried out for any proper medical or hygienic purpose.
(8)
Approval of Attorney General for prosecution A prosecution for any of the
following offences may not be commenced without the approval of the Attorney
General-- (a) an offence under subsection (2) or (3) (or under section 344A in
connection with such an offence),
(b) an offence referred to in subsection
(6) in which the prosecution relies on the operation of that subsection.
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