53. Offences against patients

Any attendant, nurse, servant or other person employed or rendering voluntary service in any mental hospital who ill-treats or wilfully neglects any patient shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 2 years or to both.

Any person who has sexual intercourse or attempts to have sexual intercourse with any female person of unsound mind under care or treatment in a mental hospital, while in that hospital or on leave from that hospital, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both.

No consent shall be any defence in any proceedings for an offence under subsection (2) if the accused knew or had reason to suspect that the person in respect of whom the offence was committed was a person of unsound mind under care or treatment in a mental hospital or on leave from that hospital.

If on the trial of any person for rape the court is satisfied that the accused is guilty of an offence under subsection (2), but is not satisfied that he is guilty of rape, the court may acquit him of rape and find him guilty of that offence, and in that event he shall be liable to be punished as if he had been convicted on a charge for that offence. [54