Special Provisions Act to Deal with Child Sex Abuse Offenders (Unofficial)
- Law number:
- 12/2009
- Published date:
- 12/11/09
- Effective date:
- 12/11/09
Part 1: Explanation and Purpose
1. Explanation and Title
2. Purpose
Part 2: Declaration of Offences
3. Sexual act carried out with a child
4. Engaging a child in a sexual act
5. Engage in a sexual act in the presence of a child
6. Forcing a child to watch a sexual act
7. Sexual offences carried out by children
8. Aiding a child to commit a sexual act
9. Sexual act carried out by a person in a position of trust
10. Causing a child to engage in a sexual activity while in a position of trust
11. Engaging in a sexual activity in the presence of a child while in a position of trust
12. Causing a child to watch a sexual act while in a position of trust
13. Position of trust
14. Exemption arising out of marriage
15. Sexual act with a family member
16. Family member encouraging a child to engage in a sexual activity
17. Paying for sexual services of a child
18. Prostitution or pornography through children
19. Production of pornography and causing prostitution through force
20. Causing sexual acts by intoxicating
21. Entering into a house to carry out a sexual act
22. Display of sexual organs
23. Participation of more than one person in an offence
Part 3: Consent
24. Children under 13
25. Children above 13
Part 4: Withholding Certain Rights
26. Withholding certain rights granted under the Constitution
27. Withholding the right to remain silent
28. Withholding right to be released from detention at investigation stage
29. Reference to article 16 of the Constitution in withholding rights
Part 5: Detention in Custody
30. Request for an order to detain
31. What the Prosecutor General needs to establish
32. Matters considered by court
33. Interim order
34. Requests that maybe made by court
35. Order to detain in custody
36. Review of court order
Part 6: Order to Monitor
37. Requesting for an order to monitor
38. Assessing a request for an order to monitor
39. To issue or not to issue an order
40. Matters to be assessed in granting orders
41. Effective date of order to monitor
42. Incorporation of conditions into order to monitor
43. Failure to comply with the order to monitor
44. Responsibilities of psychiatrists
45. Receiving and obtaining information
Part 7: Principles Relating to Trial
46. Rights relating to trial
47. Evidential requirement
48. Obtaining testimony of a child
Part 8: Some General Principles
49. Free from legal responsibility
50. Exemption of parole and bail principles
51. Compensation
52. Areas for which compensation may be obtained
53. Failure to report.
54. Protection
55. Counseling
56. Recompense
57. Publishing offender registry
58. Making regulations and enforcement
59. Coming into effect
60. Definitions