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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Sexual
Offences—Cognitive Impairment) Amendment
Bill 2014
A BILL FOR
An Act to amend the Criminal
Law Consolidation Act 1935.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Law
Consolidation Act 1935
4Insertion of section
51
51Sexual exploitation of
person with a cognitive impairment
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Sexual
Offences—Cognitive Impairment) Amendment Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
After section 50 insert:
51—Sexual exploitation of person with a cognitive
impairment
(1) A person who
provides a service (whether for remuneration or not) to a person with a
cognitive impairment is guilty of an offence if he or she obtains or procures,
by undue influence, sexual intercourse or indecent contact with that
person.
Maximum penalty: Imprisonment for 10 years.
(2) A person who
provides a service (whether for remuneration or not) to a person with a
cognitive impairment is guilty of an offence if he or she behaves in an indecent
manner in the presence of that person—
(a) without the person's consent; or
(b) with the person's consent where that consent was obtained by undue
influence.
Maximum penalty:
(a) in the case of a first offence—imprisonment for
3 years;
(b) in the case of a subsequent offence—imprisonment for
5 years.
(3) This section does
not apply in relation to a person who is legally married to the person with a
cognitive impairment or is the domestic partner of that person.
(4) A defendant who was, at the time of an alleged offence against this
section, in a position of power, trust or authority in relation to the victim of
the offence, is presumed to have obtained the consent of the victim by undue
influence unless the defendant proves the contrary on the balance of
probabilities.
close personal relationship means the relationship between
2 adult persons (whether or not related by family and irrespective of their
gender) who live together as a couple on a genuine domestic basis, but does not
include a relationship where 1 of the persons provides the other with
domestic support or personal care (or both) for fee or reward, or on behalf of
some other person or an organisation of whatever kind;
cognitive impairment includes the following:
(a) an intellectual disability;
(b) a developmental disorder (including an autistic spectrum
disorder);
(c) a neurological disorder;
(d) dementia;
(e) a severe mental illness;
(f) a brain injury;
domestic partner—a person is the domestic partner of
another if he or she lives with the other in a close personal
relationship;
undue influence includes the abuse of a position of trust,
power or authority.