Sexual offences against persons who are mentally disabled
Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled and using persons who are mentally disabled for pornographic purposes or benefiting therefrom
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”)—
(a)
for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or
(b)
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”)—
(a)
for purposes of the commission of a sexual act with B by C;
(b)
by inviting, persuading or inducing B to allow C to commit a sexual act with B;
(c)
by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C;
(d)
by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or
(e)
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—
(a)
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
(b)
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—
(a)
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
(b)
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.
Sexual grooming of persons who are mentally disabled
24. (1) A person (“A”) who—
(a)
supplies, exposes or displays to a third person (“C”)—
(i)
an article which is intended to be used in the performance of a sexual act;
(ii)
child pornography or pornography; or
(iii)
a publication or film,
with the intention to encourage, enable, instruct or persuade C to perform a sexual act with a person who is mentally disabled (“B”); or
(b)
arranges or facilitates a meeting or communication between C and B by any means from, to or in any part of the world, with the intention that C will perform a sexual act with B,
is guilty of the offence of promoting the sexual grooming of a person who is mentally disabled.
(2) A person (“A”) who—
(a)
supplies, exposes or displays to a person who is mentally disabled (“B”)—
(i)
an article which is intended to be used in the performance of a sexual act;
(ii)
child pornography or pornography; or
(iii)
a publication or film,
with the intention to encourage, enable, instruct or persuade B to perform a sexual act;
(b)
commits any act with or in the presence of B or who describes the commission of any act to or in the presence of B with the intention to encourage or persuade B or to diminish or reduce any resistance or unwillingness on the part of B to—
(i)
perform a sexual act with A or a third person (“C”);
(ii)
perform an act of self-masturbation in the presence of A or C or while A or C is watching;
(iii)
be in the presence of or watch A or C while A or C performs a sexual act or an act of self-masturbation;
(iv)
be exposed to child pornography or pornography;
(v)
be used for pornographic purposes as contemplated in section 26(1); or
(vi)
expose his or her body, or parts of his or her body to A or C in a manner or in circumstances which violate or offend the sexual integrity or dignity of B;
(c)
arranges or facilitates a meeting or communication with B by any means from, to or in any part of the world, with the intention that A will commit a sexual act with B;
(d)
having met or communicated with B by any means from, to or in any part of the world, invites, persuades, seduces, induces, entices or coerces B—
(i)
to travel to any part of the world in order to meet A with the intention to commit a sexual act with B; or
(ii)
during such meeting or communication or any subsequent meeting or communication to—
(aa)
commit a sexual act with A;
(bb)
discuss, explain or describe the commission of a sexual act; or
(cc)
provide A, by means of any form of communication including electronic communication, with any image, publication, depiction, description or sequence of pornography of B himself or herself or any other person; or
(e)
having met or communicated with B by any means from, to or in any part of the world, intentionally travels to meet or meets B with the intention of committing a sexual act with B,
is guilty of the offence of sexual grooming of a person who is mentally disabled.
Exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled
25. A person (“A”) who unlawfully and intentionally exposes or displays or causes the exposure or display of any image, publication, depiction, description or sequence of child pornography or pornography to a complainant who is mentally disabled (“B”), is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a person who is mentally disabled.
Using persons who are mentally disabled for pornographic purposes or benefiting therefrom
26. (1) A person (“A”) who unlawfully and intentionally uses a complainant who is mentally disabled (“B”), whether for financial or other reward, favour or compensation to B or to a third person (“C”) or not—
(a)
for purposes of creating, making or producing;
(b)
by creating, making or producing; or
(c)
in any manner assisting to create, make or produce,
any image, publication, depiction, description or sequence in any manner whatsoever, of pornography or child pornography, is guilty of the offence of using a person who is mentally disabled for pornographic purposes.
(2) Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from using a person who is mentally disabled for pornographic purposes.