Section 25, The Sexual Offences Act, 2012

(1) A person who, being in a position of trust or authoritytowards a child– (a) engages in a sexual activity with the child; (b) touches the child in a sexual manner; or (c) invites, counsels or incites the child to touch the accused person’s own body in a sexual manner, (2) For the purposes of this section, the circumstances where a defendant is in a position of trust or authority towards a child include circumstances where the accused- (a) is a parent, step-parent, adoptive parent or guardian of the child; (b) has care or custody of the child; (c) is the child’s grandparent, aunt, uncle, sibling (including step-sibling) or first cousin; (d) is a school teacher and the child is his or her pupil; (e) is a counselor or youth worker acting in his or her professional capacity; 12 13 Sexual activity in child’s presence. Causing a child to watch sexual activity. Meeting a child for sexual purposes. Defence of mistake as to age. Sexual touching of child. Sexual abuse by person in trust. (f) is employed in, or providing services in a remand centre, children’s home, correctional centre or prison and is acting in the course of his or her duty in respect of the child; (g) is a health care professional or traditional healer and the child is his or her patient; (h) is a member of the police force acting in the course of his or her duty in respect of the child. (3) Consent is not a defence to a charge under this section unless the defendant satisfies the court on the balance of probabilities that– (a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the child concerned was of or over the age of 18; and (b) at the time of the act concerned, he or she believed on reasonable grounds that the child was of or over the age of 18.