Page:The Anti-Homosexuality Act, 2023.pdf/9

Act :(a) the person against whom the offence is committed is a child;


 * (b) the offender is a parent, guardian or relative of the person against whom the offence is committed;


 * (c) the person against whom the offence is committed contracts a terminal illness as a result of the sexual act;


 * (d) the offender is a serial offender;


 * (e) the offender is a person in authority over the person against whom the offence is committed;


 * (f) the person against whom the offence is committed is a person with disability or suffers a disability as a result of the sexual act;


 * (g) the person against whom the offence is committed is a person with mental illness or suffers a mental illness as a result of the sexual act;


 * (h) the person against whom the offence is committed is of advanced age;


 * (i) the sexual act is committed against a person by means of threats, force, fear of bodily harm, duress or undue influence, intimidation of any kind, or through misrepresentation as to the nature of the act; or


 * (j) the person against whom the offence is committed was, at the time the offence was committed, unconscious or in an altered state of consciousness due to the influence of medicine, drugs, alcohol or any other substance that impaired his or her judgment.

(3) A person who attempts to perform a sexual act in the circumstances referred to in subsection (1) commits an offence and