Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/2012-06-26/Chapter 4

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Sexual exploitation of persons who are mentally disabled

23. (1) A person (“A”) who unlawfully and intentionally engages the services of a complainant who is mentally disabled (“B”), for financial or other reward, favour or compensation to B or to a third person (“C”)—

for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or

by committing a sexual act with B,

is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a person who is mentally disabled.

(2) A person (“A”) who unlawfully and intentionally offers the services of a person who is mentally disabled (“B”) to a third person (“C”), for financial or other reward, favour or compensation to A, B or to another person (“D”)—

for purposes of the commission of a sexual act with B by C;

by inviting, persuading or inducing B to allow C to commit a sexual act with B;

by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C;

by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or

by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C,

is guilty of an offence of being involved in the sexual exploitation of a person who is mentally disabled.

(3) A person (“A”) who—

intentionally allows or knowingly permits the commission of a sexual act by a third person (“C”) with a person who is mentally disabled (“B”) while being a care-giver, parent, guardian, curator or teacher of B; or

owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C,

is guilty of the offence of furthering the sexual exploitation of a person who is mentally disabled.

(4) A person (“A”) who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a person who is mentally disabled (“B”) by a third person (“C”), is guilty of an offence of benefiting from the sexual exploitation of a person who is mentally disabled.

(5) A person (“A”) who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a person who is mentally disabled (“B”) by a third person (“C”), is guilty of an offence of living from the earnings of the sexual exploitation of a person who is mentally disabled.

(6) A person (“A”), including a juristic person, who—

makes or organises any travel arrangements for or on behalf of a third person (“C”), whether that other person is resident within or outside the borders of the Republic, with the intention of facilitating the commission of any sexual act with a person who is mentally disabled (“B”), irrespective of whether that act is committed or not; or

prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with B,

is guilty of an offence of promoting sex tours with persons who are mentally disabled.