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Section 2 of Sexual Offences Act: Interpretation

    

(1) In this Act, unless the context otherwise requires—
“act which causes penetration” means an act contemplated under this Act;
“child” has the meaning assigned thereto in the Children Act, 2001 (No. 8 of 2001);
“complainant” means the Republic or the alleged victim of a sexual offence and in the case of a child or a person with mental disabilities, includes a person who lodges a complaint on behalf of the alleged victim where the victim is unable or inhibited from lodging and following up a complaint of sexual abuse;
“consent” has the meaning assigned to it under this Act;
“DNA” means deoxyribonucleic acid, the genetic code unique to every living organism, including human beings and “DNA Test” shall be construed accordingly;
“gang” means two or more persons;
“genital organs” includes the whole or part of male or female genital organs and for purposes of this Act includes the anus;
“gang rape” deleted by Act No. 7 of 2007;
“HIV” means the Human Immunodefiency Virus which causes AIDS;
“HIV test” means the test which determines whether a person is infected with HIV;
“indecent act” means an unlawful intentional act which causes—
(a) any contact between any part of the body of a person with the genital organs, breasts or buttocks of another, but does not include an act that causes penetration;
(b) exposure or display of any pornographic material to any person
against his or her will;
“intermediary” means a person authorized by a court, on account of his or her expertise or experience, to give evidence on behalf of a vulnerable witness and may include a parent, relative, psychologist, counsellor, guardian, children’s officer or social worker;
“law enforcement officer” means any person whose duties involve law enforcement and includes but is not limited to a police officer as defined under the Police Act;
“person with mental disabilities” means a person affected by any mental disability irrespective of its cause, whether temporary or permanent, and for purposes of this Act includes a person affected by such mental disability to the extent that he or she, at the time of the alleged commission of the offence in question, was—
(a) unable to appreciate the nature and reasonably foreseeable consequences of any act described under this Act;
(b) able to appreciate the nature and reasonably foreseeable consequences of such an act but unable to act in accordance with that appreciation;
(c) unable to resist the commission of any such act; or
(d) unable to communicate his or her unwillingness to participate in any such act;
“Minister” means the Minister for the time being responsible for matters relating to legal affairs and public prosecutions;
“penetration” means the partial or complete insertion of the genital organs of a person into the genital organs of another person;
“sexual offence” means any offence prescribed in this Act; and
“vulnerable person” means a child, a person with mental disabilities or an elderly person and “vulnerable witness” shall be construed accordingly.

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