[Heading substituted by section 7 and 30(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
| (1) | A person ('A') who unlawfully and intentionally engages the services of a complainant with a mental disability ('B'), for financial or other reward, favour or compensation to B or to a third person ('C')— |
| (a) | for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or |
| (b) | by committing a sexual act with B, |
is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a person with a mental disability.
| (2) | A person ('A') who unlawfully and intentionally offers the services of a person with a mental disability ('B') to a third person ('C'), for financial or other reward, favour or compensation to A, B or to another person ('D')— |
| (a) | for purposes of the commission of a sexual act with B by C; |
| (b) | by inviting, persuading or inducing B to allow C to commit a sexual act with B; |
| (c) | by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C; |
| (d) | by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or |
| (e) | by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C, |
is guilty of an offence of being involved in the sexual exploitation of a person with a mental disability.
| (a) | intentionally allows or knowingly permits the commission of a sexual act by a third person ('C') with a person with a mental disability ('B') while being a care-giver, parent, guardian, curator or teacher of B; or |
| (b) | owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, |
is guilty of the offence of furthering the sexual exploitation of a person with a mental disability.
| (4) | A person ('A') who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a person with a mental disability ('B') by a third person ('C'), is guilty of an offence of benefiting from the sexual exploitation of a person with a mental disability. |
| (5) | A person ('A') who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a person with a mental disability ('B') by a third person ('C'), is guilty of an offence of living from the earnings of the sexual exploitation of a person with a mental disability. |
| (6) | A person ('A'), including a juristic person, who— |
| (a) | makes or organises any travel arrangements for or on behalf of a third person ('C'), whether that other person is resident within or outside the borders of the Republic, with the intention of facilitating the commission of any sexual act with a person with a mental disability ('B'), irrespective of whether that act is committed or not; or |
| (b) | prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with B, |
is guilty of an offence of promoting sex tours with persons with a mental disability.
[Section 23 substituted by section 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
