Section 43 of Sexual Offences Act: Intentional and unlawful acts
(1) An act is intentional and unlawful if it is committed— (a) in any coercive circumstance;
(b) under false pretences or by fraudulent means; or
(c) in respect of a person who is incapable of appreciating the nature of an act which causes the offence.
(2) The coercive circumstances, referred to in subsection (1)(a) include any circumstances where there is—
(a) use of force against the complainant or another person or against the property of the complainant or that of any other person;
(b) threat of harm against the complainant or another person or against the property of the complainant or that of any other person; or
(c) abuse of power or authority to the extent that the person in respect of whom an act is committed is inhibited from indicating his or her resistance to such an act, or his or her unwillingness to participate in such an act.
(3) False pretences or fraudulent means, referred to in subsection (1)(b), include circumstances where a person—
(a) in respect of whom an act is being committed, is led to believe that
he or she is committing such an act with a particular person who is in fact a different person;
(b) in respect of whom an act is being committed, is led to believe that such an act is something other than that act; or
(c) intentionally fails to disclose to the person in respect of whom an act is being committed, that he or she is infected by HIV or any other life-threatening sexually transmittable disease.
(4) The circumstances in which a person is incapable in law of appreciating the nature of an act referred to in subsection (1) include circumstances where such a person is, at the time of the commission of such act—
(a) asleep;
(b) unconscious;
(c) in an altered stated of consciousness;
(d) under the influence of medicine, drug, alcohol or other substance to the extent that the person’s consciousness or judgment is adversely affected;
(e) mentally impaired; or (f) a child.
(5) This section shall not apply in respect of persons who are lawfully married to each other.
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