2013, No. 10
Crimes
29
(3) For the purposes of subsection (1), a person who has
sexual connection with another person knows that the other
person has been induced to consent to the sexual connection by
threat if (and only if) the person knows that the other person has
been induced to consent to the sexual connection by an express
or implied threat of a kind described in subsection (5).
(4) For the purposes of subsection (2):
(a) a person who does an indecent act on another person
knows that the other person has been induced to
consent to the act by threat if (and only if) the
person knows that the other person has been
induced to consent to the act by an express or
implied threat of a kind described in subsection
(5); and
(b) a person is induced to consent to an indecent act
whether (i) the person is induced to consent to the
doing of an indecent act with or on him or her;
or
(ii) the person is induced to consent to do
an indecent act on himself or herself.
(5) The kinds of threat referred to in subsections (3) and
(4)(a) are:
(a) a threat that the person making the threat or some
other person will commit an offence that (i) is punishable by imprisonment; but
(ii) does not involve the actual or
threatened application of force to any person;
and
(b) a threat that the person making the threat or some
other person will make an accusation or disclosure
(whether true or false) about misconduct by any
person (whether living or dead) that is likely to
damage seriously the reputation of the person
against or about whom the accusation or
disclosure is made; and