Page:Immorality Amendment Act 1988.djvu/4

GOVERNMENT GAZETTE, 4 MARCH 1988

commits or attempts to commit with such a girl or with a boy under the age of [nineteen] 19 years an immoral or indecent act; or solicits or entices such a girl or boy to the commission of an immoral or indecent act,

shall be guilty of an offence.

(2) It shall be a sufficient defence to any charge under [this section] subsection (1) if it shall be made to appear to the court—

that the girl at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of [twenty-one] 21 years and that it is the first occasion on which he is so charged; or that the person so charged was at the said time under the age of sixteen years if the offence was committed in respect of a girl; or that the person so charged was at the said time under the age of nineteen years if the offence was committed in respect of a boy; or] that the girl or person in whose charge she was, deceived the person so charged into believing that she was over the age of [sixteen] 16 years at the said time.

(3) Any female who—

has or attempts to have unlawful carnal intercourse with a boy under the age of 16 years; or commits or attempts to commit with such a boy or with a girl under the age of 19 years an immoral or indecent act; or solicits or entices such a boy or girl to the commission of an immoral or indecent act,

shall be guilty of an offence.

(4) It shall be a sufficient defence to any charge under subsection (3) if it shall be made to appear to the court— that the boy at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of 21 years and that it is the first occasion on which she is so charged; or that the boy or person in whose charge he was, deceived the person so charged into believing that he was over the age of 16 years at the said time. ”.

6. The following section is hereby substituted for section 15 of the principal Act: “Sexual offences with idiots or imbeciles. 15. Any person who—

has or attempts to have unlawful carnal intercourse with any male or female idiot or imbecile in circumstances which do not amount to rape; or commits or attempts to commit with such a male or female any immoral or indecent act; or solicits or entices such a male or female to the commission of any immoral or indecent act,

shall, if it be proved that such person knew that such male or female was an idiot or imbecile, be guilty of an offence.”.

7. Section 20 of the principal Act is hereby amended—

by the insertion after paragraph (a) of subsection (1) of the following paragraph: