2013, No. 10
Crimes
33
“doing an indecent act with or on a young person” includes
indecently assaulting the young person.
60. Indecent assault - A person is liable to a term of
imprisonment not exceeding five (5) years who indecently
assaults another person.
61. Defence to charge under section 59-(1) It is a defence to
a charge under section 59 if the person charged proves on the
balance of probabilities that:
(a) the person charged was under the age of 21 years at
the time of the commission of the act; and
(b) before the time of the act concerned, person charged
had taken reasonable steps to find out whether the
young person concerned was of or over the age of
16 years; and
(c) at the time of the act concerned, person charged
believed on reasonable grounds that the young
person was of or over the age of 16 years; and
(d) the young person consented.
(2) Except to the extent provided in subsection (1):
(a) it is not a defence to a charge under section 59 that the
young person concerned consented; and
(b) it is not a defence to a charge under section 59 that the
person charged believed that the young person
concerned was of or over the age of 16 years.
62. Using threats of intimidation for the purpose of sexual
conduct-(1) A person commits an offence punishable by
imprisonment for a term not exceeding five (5) years who, by the
use of threats or intimidation, compels another to do or omit any
act preparatory to and for the purpose of doing any indecent act
with or involving that person, or any other person, or upon
himself or herself.
(2) It is a defence to a charge under subsection (1) if the
person compelled is 18 years or more, and despite the
compulsion consents to any subsequent sexual conduct to which
the compulsion related.