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2. Where in proceedings for an offence under this section it is proved that the complainant had a mental disorder, it is to be taken that the accused knew or could reasonably have been expected to know the complainant has a mental disorder unless prima facie evidence is adduced to raise an issue as to whether the accused knew or could reasonably have been expected to know it.
3. 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.
4. A person (“the accused”) does not commit an offence under this section if-
(a) at the time the complainant is eighteen years of age or over, and the accused and the complainant are lawfully married;
(b) immediately before the accused became involved in the complaintant’s care in a way that falls within section 27, a sexual relationship existed between the accused and the complainant; or
(c) the accused acts for the purpose of-
(i) protecting the complainant from a sexually transmitted infection;
(ii ) protecting the physical safety of the complainant;
(iii) preventing the complainant from becoming pregnant; or
(iv) promoting the complainant’s emotional wellbeing by giving advice, and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the complainant’s participation in it.
(5). Subsection (4) (b) does not apply if at that time sexual intercourse between the accused and the complainant would have been unlawful.
(6). In proceedings for an offence under this section it is for the accused to prove the matters mentioned in subsection (4) (a) and (b).
27. For the purpose of sections 25 and 26, a person (“the accused”) is involved in the care of another person (“the complainant”) in a way that falls within this section if any of the following paragraphs apply –
(a) (i) the complainant is accommodated and cared for in a care home, community home, voluntary home or children’s home; and
(ii) the accused has functions to perform in the home in the course of employment which have brought the accused or likely to bring the accused into regular face to face contact with the complainant
(b) if the complainant is a patient for whom services are provided –
(i) by a public health body or an independent medical agency; or
(ii) in an independent clinic or an independent hospital, and the accused has functions to perform for the body or agency or in the clinic or hospital in the course of employment which have brought the accused or are likely to bring the accused into regular face to face contact with the complainant;
(c) if the accused is, whether or not in the course of employment, a provider of care, assistance or services to the complainant in connection with the complainant’s mental disorder and as such has had or is likely to have regular face to face contact with the complainant.
