Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/17

32 No. 30599

Act No. 32, 2007

Compelling or causing children to witness sexual offences, sexual acts or self-masturbation

21. (1) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a child to witness a sexual offence.

(2) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”), without the consent of B, to be in the presence of or watch—

A while he or she engages in a sexual act with C or another person ("D"); or

C while he or she engages in a sexual act with D,

is guilty of the offence of compelling or causing a child to witness a sexual act.

(3) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a child to witness self-masturbation.

Exposure or display of or causing exposure or display of genital organs, anus or female breasts to children (“flashing”)

22. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a child complainant (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a child.

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 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;