South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 51

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.

        (5)         In this section—

"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)         mental impairment;

            (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.