SEXUAL OFFENCES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Rape, Grievous Sexual Assault and Marital Rape

   3   Rape

   4   Grievous sexual assault

   5   Marital rape

   6   Penalty for rape and grievous sexual assault

 

PART III
Incest

   7   Incest

 

PART IV
Sexual Offences Against Children and Indecent Assault

   8   Sexual touching or interference

   9   Sexual grooming of child

   10   Sexual intercourse with person under sixteen

   11   Householder, etc, inducing or encouraging violation of child under sixteen

   12   Custody of children under sixteen

   13   Indecent assault

   14   Consent of young person to be no defence in indecent assault

   15   Abduction of child under sixteen

 

PART V
Other Offences

   16   Violation of person suffering from mental disorder or physical disability

   17   Forcible abduction

   18   Procuration

   19   Procuring violation of person by threats or fraud or administering drugs

   20   Abduction of child with intent to have sexual intercourse, etc

   21   Unlawful detention with intent to have sexual intercourse, etc

   22   Power of search

   23   Living on earnings of prostitution

 

PART VI
Capacity, Consent, Evidentiary Matters, Anonymity of Complainant

   24   Abolition of common law presumption of incapacity

   25   Cases where consent immaterial

   26   Warning as to corroboration of evidence not necessary for conviction

   27   Restriction of evidence at trial for rape

   28   Anonymity of complainant, etc

 

PART VII
Sex Offender Register and Sex Offender Registry

   29   Sex Offender Register and Registry

   30   Particulars of every conviction to be furnished to Registry

   31   Superintendent of correctional institution to furnish information

   32   First report by offender

   33   Subsequent obligation to report

   34   Notice about absence

   35   Reporting offences

 

PART VIII
Miscellaneous

   36   Offences and penalties

   37   Power on indictment for rape to find the defendant guilty of a lesser offence

   38   Regulations

   39   Power of Minister to amend Schedule and penalties

   40   Consequential amendments to other Acts

   41   Review of Act

   42   Repeal of certain provisions of the Offences Against the Person Act

   43   Repeal of Incest (Punishment) Act

   44   Transitional

      SCHEDULES

 

THE SEXUAL OFFENCES ACT

[Date of Commencement: Parts I to VI and VIII and the Schedules commenced on 30th June 2011; Part VII commenced on 15th July, 2011].

Act 12 of 2009.

PART I
Preliminary (sections 1-2)

1   Short title

   (1) This Act may be cited as the Sexual Offences Act.

   (2) For the purposes of this section, different days may be appointed for the commencement of different provisions of this Act and for different purposes of the same provision.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "adult" means a person of or over the age of eighteen years;

   "child" means a person under the age of eighteen years;

   "Children's Court" means any Children's Court established in accordance with the provisions of the Child Care and Protection Act;

   "complainant" means, in relation to a sexual offence against this Act, a person who alleges that the offence was committed or attempted against that person;

   "correctional institution" has the meaning assigned to it in the Corrections Act;

   "grievous sexual assault" shall be construed in accordance with section 4(1);

   "house of prostitution" means a building, enclosure or place that is used for the purpose of prostitution;

   "mental disorder" means-

   (a)   a substantial disorder of thought, perception, orientation or memory which grossly impairs a person's behaviour, judgment, capacity to recognize reality or ability to meet the demands of life, which renders a person to be of unsound mind; or

   (b)   mental retardation, where such a condition is associated with abnormally aggressive or seriously irresponsible behaviour;

   "Register" means the Sex Offender Register maintained under section 29;

   "Registry" means the Sex Offender Registry established by section 29;

   "sex offender" means a person who has been convicted of a specified offence and whose particulars are entered or required to be entered in the Register, and who is required to make regular reports pursuant to this Act;

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