The Sexual Offences Act, 2012 - Sierra Leone

1 No. 12 Sexual Offences Act2012No. 12 Sexual Offences Act2012 THE Sexual Offences ACT, 2012 ARRANGEMENT OF 1 PRELIMINARY1. Meaning of Belief in consent not a Person under 18 cannot Marriage not defence to II Sexual Offences GENERALLY6. Indecent Causing, inciting etc. a person with mental disability to engage in Care worker causing or inciting person with mental disability to engage insexual Incest by a Incest by a Defence of Indecent Causing, inciting or controlling prostitution for Indecent III Offences INVOLVING CHILDREN19. Sexual penetration of a Sexual touching of Sexual activity in child s Causing a child to watch Sexual Meeting a child for Sexual Defence of mistake as to Sexual abuse by person in Producing and distributing child Possessing or accessing child Use of children for pornographic Obtaining the services of child Offering, arranging or benefiting from child Parent facilitating child Organising or promoting child sex IV SENTENCING35.

2 Aggravating Victim impact Police assistance after receipt of Free medical treatment and Special measures for vulnerable victims and Publication Rules of Court Committee to make V MISCELLANEOUS43. Attempted Amendment of Cap to the Sierra Leone Gazette Vol. CXLIII, No. 60dated 1st November, 2012iiShort 122012 Sierra LeoneThe Sexual Offences Act, an Act to consolidate with amendments the law relatingto Sexual Offences .[]ENACTED by the President and Members of Parliament in thispresent Parliament of this 9th day of October, ERNEST BAI KOROMA, 12 Sexual Offences Act2012No. 12 Sexual Offences Act2012 PART 1 this Act, unless the context otherwise requires child means a person under the age of 18, child pornography means-(a) any photograph, film, video or other visualrepresentation (i) that shows a person who is or who isdepicted as being under the age of 18and is engaged in or is depicted asengaged in Sexual activity; or(ii)whose dominant characteristic is thedepiction, for a Sexual purpose, of thegenital region of a person under the ageof 18;(b) any audio representation of a person who isor is represented as being a child and who isengaged in or is represented as beingengaged in Sexual activity.

3 (c) any written material, visual representation oraudio representation that advocates, counselor encourages Sexual activity with children,irrespective of how or through what mediumthe representation has been produced,transmitted or conveyed and, withoutprejudice to the generality of the foregoing,includes any representation produced by orfrom computer graphics or by any otherelectronic or mechanical means; child prostitution means the provision of any sexualservice by a person under the age of 18 for financialor other reward, favour or compensation, whetherpaid to the child or some other person ; indecent material means any photograph, film, videobook, image or other visual representation, includingdata stored on a computer disc or by other electronicmeans, that offends against recognized standardsof propriety and cultural values; person with mental or physical disability means aperson affected by any mental or physical disabilityirrespective of its cause, whether temporary orpermanent and for the purpose of this Act includesa person affected by such mental or physicaldisability to the extent that he or she at the time ofthe alleged commission of the offence in questionwas-(a) unable to appreciate the nature andreasonably foreseeable consequences of anyact prescribed in this Act.

4 (b) able to appreciate the nature and reasonablyforeseeable consequences of such an act butunable to act in accordance with thatappreciation;(c) unable to resist the commission of such act:or(d) unable to communicate his or her un-willingness to participate in such act, Sexual manner means done sexually, if a reasonableperson would consider that (a) whatever its circumstance or any person spurpose in relation to it, it is because of itsnature Sexual ; or(b) because of its nature it may be Sexual andbecause of its circumstances or the purposeof any person in relation to it (or both) it issexual; 12 Sexual Offences Act2012No. 12 Sexual Offences Act2012 Sexual penetration means any act which causes thepenetration to any extent of the vagina, anus ormouth of a person by the penis or any other part ofthe body of another person, or by an object; touch or touching includes kissing, rubbing,feeling, fondling or caressing any part of a person sbody with any part of the body or with an (1) For the purposes of this Act, consent meansagreement by choice and with the freedom and capacity to make thatchoice.

5 (2) Circumstances in which a person does not consent toan act include- (a) the person submits to the act because of theuse of violence or force on that person orsomeone else:(b) the person submits because of threats orintimidation against that person or someoneelse;(c) the person submits because of fear of harmto that person or to someone else;(d) the person submits because he or she isunlawfully detained;(e) the person is asleep, unconscious or soaffected by alcohol or another drug as to beincapable of freely consenting;(f) the person is incapable of understanding theessential nature of the act or of com-municating their unwillingness to participatein the act due to mental or physical disability;(g) the person is mistaken about the Sexual natureof the act or by the identity of the person;45(h) the accused induces the person to engage inthe activity by abusing a position of trust,power or authority;(i) the person, having consented to engage inthe Sexual activity, expresses, by words orconduct, a lack of agreement to continue toengage in the activity.

6 (3)In determining whether or not a person consented to theact that forms the subject matter of the charge, the court shall haveregard to the following: (a) the fact that a person did not say or doanything to indicate consent to a Sexual actis enough to show that the act took placewithout that person s consent: and(b) a person is not to be regarded as havingconsented to a Sexual act just because (i) the person did not physically resist;(ii)the person did not sustain physicalinjury; or(iii) on that or an earlier occasion the personfreely agreed to engage in anothersexual act with that person or some is not a defence to a charge under this Act that thedefendant believed the person consented to the activity that formsthe subject matter of the charge where (a) the defendant s belief arose from his or her (i) self-induced intoxication; or(ii)recklessness or willful blindness; orMeaning inconsent not 12 Sexual Offences Act2012No.

7 12 Sexual Offences Act2012(b) the defendant did not take reasonable steps,in the circumstances known to the defendantat the time, to ascertain whether the personwas to section 24 , a person below the age of 18 is notcapable of giving consent for the purpose of this Act, and, accordingly,it shall not be a defence to an offence under this Act to show that thechild has consented to the act that forms the subject matter of to subsection (4) of section 9, the marriage of adefendant and the victim shall not be a defence to an offence underthis II Sexual Offences person who intentionally commits an act of sexualpenetration with another person without the consent of that otherperson commits the offence of rape and is liable on conviction to aterm of imprisonment not less than five years and not exceedingfifteen person who intentionally, without the person s consent (a) touches that person in a Sexual manner, or(b)

8 Compels that person to touch the accusedperson in a Sexual manner,commits the offence of indecent assault and is liable onconviction to fine not exceeding Le5 million or a term of imprisonmentnot exceeding five (1) A person who intentionally causes, incites, induces,threatens or deceives another person with a mental disability toengage in a Sexual activity commits an offence and is liable onconviction to a term of imprisonment not less than five years and notexceeding fifteen years.(2) In proceedings for an offence under subsection (1),where it is proved that the other person has a mental disability, thedefendant is presumed to know or could reasonably be expected toknow that the other person has a mental disability and as a resultwas not in a position to consent or communicate consent to (1) A person engaged in the care of another person witha mental disability and who intentionally engages in, causes or incitesthat other person to engage in a Sexual activity commits an offenceand is liable on conviction to a term of imprisonment not less thanfive years and not exceeding fifteen years.

9 (2) In proceedings for an offence under subsection (1),where it is proved that the other person has a mental disability, thedefendant is presumed to know or could reasonably be expected toknow that the other person has a mental disability and as a result wasnot in a position to consent to engage in the Sexual activity or tocommunicate such consent to the defendant.(3) For the purpose of subsection (1), a person isinvolved in the care of another person if (a) the other person is accommodated and caredfor in a care home, remand home, children shome or voluntary home and the defendantis employed or has functions in the homewhich brings him or her or is likely to bringhim or her into regular contact with the otherperson;(b) the other person is a patient in a public orprivate hospital or clinic and the defendantis employed by or has functions in thehospital or clinic which brings him or is likelyto bring him into regular contact with the otherperson.

10 (4) Marriage between the defendant and the other personshall be a defence in proceedings under subsection (1) and the onusof proof of the existence of the marriage shall be on the under18 notdefence , in-citing etc. aperson withmental dis-ability to en-gage workercausing or in-citing personwith mentaldisability toengage insexual 12 Sexual Offences Act2012No. 12 Sexual Offences Act201210.(1) A male person who engages in or attempts to engagein Sexual intercourse with a woman whom he knows to be his sister,half-sister, mother, grandmother , daughter or niece commits theoffence of inc