Women’s Charter 1961 · 2020 Revised Edition · Part 11 · Offences Against Women and Girls
144. Permitting woman with mental impairment to use premises for sexual penetration
Feedback & supportLast amended by an amending law of 2023. 2 amendments in all.
Subject to subsection (2), any person who is the owner or occupier of any premises or who has, or acts or assists in, the management or control of any premises, induces or knowingly permits a woman who has a mental impairment to resort to or be on those premises for the purpose of engaging in sexual penetration except by way of marriage with any male person shall be guilty of an offence.
sexual penetration
“sexual penetration” means the penetration of the vagina, anus or mouth of a woman or girl by a man’s penis, or the sexual penetration of the vagina or anus of a woman or girl by a part of another person’s body (other than the penis) or by anything else;
A person shall not be guilty of an offence under this section because he or she induces or knowingly permits a woman who has a mental impairment to resort to or be on any premises for the purpose mentioned, if the person does not know and has no reason to suspect her to have a mental impairment.
A person who is guilty of an offence under subsection (1) shall be liable on conviction —
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; but(b)where the person is a repeat offender, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both.
A person is a repeat offender in relation to an offence under subsection (1) if the person has been convicted or found guilty (whether before, on or after 7 August 2020) on at least one other earlier occasion of an offence under subsection (1).
In this section, “mental impairment” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain that impairs the ability to make a proper judgment in the giving of consent to sexual penetration.