Continued from last week
(2) For the purpose of subsection (1) –
(a) the accused looks after persons under eighteen years of age if the accused is regularly involved in caring for, training, supervising or being in sole charge of such persons;
(b) the accused looks after the complainant on an individual basis if-
(i) the accused is regularly involved in caring for, training or supervising the complainant; and
(ii) in the course of the involvement, the accused regularly has unsupervised contract with the complainant (whether face to face or by any other means)
20. (1) In proceedings relating to an offence under this Act, a person commits the offence of obstructing the prosecution if that person prevents a child from-
(a) giving a statement to the police
(b) giving evidence in any other way which would be admissible for the paper committal; or
(c) testifying.
(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of one million dollars and to imprisonment for five years.
21. (1) A person (“the accused’’) commits the offence of arranging or facilitating the commission of a child sex offence if the accused intentionally arranges or facilitates something that the accused intends to do, intends another person to do, or believes that another person will do, in any part of the world, and doing it will involve the commission of an offence under section 10, 11, 12, 13, or 18.
(2) A person (“the accused”) does not commit an offence under this section if-
(a) the accused arranges or facilitates something that the accused believes another person will do, but that the accused does not intend to do or intend another person to do; and
(b) any offence within subsection (1) would be an offence against a child for whose protection the accused acts.
(3) For the purposes of subsection (2), a person acts for the protection of a child if the person acts for the purpose of-
(a) protecting the child from sexually transmitted infection;
(b) protecting the physical safety of the child;
(c) preventing the child from becoming pregnant; or
(d) promoting the child’s emotional well-being by the giving of advice, or any educational activity, and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1) or the child’s participation in it.
(4) A person who commits an offence under this section is liable-
(a) on summary conviction, to a fine of one million dollars and to imprisonment for five years;
(b) on conviction on indictment to imprisonment for ten years.
Vulnerable adults
Sex with adult family member
22. (1) A person (“the accused”) sixteen years of age or over commits the offence of sex with an adult family member if the accused-
(a) engages in sexual penetration with another person (“the complainant”) who is eighteen years of age or over;
(b) is related to the complainant as parent, grandparent, child, grandchild, brother, sister, half brother, half sister uncle, aunt, nephew or niece; and
(c) knew or could reasonably be expected to have known that the accused was related to the complainant in a manner specified in paragraph (b).
(2) Where in proceeding for an offence under this section it is proved that the accused was related to the complainant in any manner specified in subsection (1) (b), it is to be taken that the accused knew or could reasonably have been expected to know of the relationship between them unless prima facie evidence is adduced to raise an issue as to whether the accused knew or could reasonably have been expected to know of the relationship.
(3) A person who commits an offence under this section is liable-
(a) on summary conviction, to a fine of five hundred thousand dollars and to imprisonment for two years;
(b) on conviction on indictment, to imprisonment for five years.
