Section 9, The Sexual Offences Act, 2012

(1) A person engaged in the care of another person witha mental disability and who intentionally engages in, causes or incites that other person to engage in a sexual activity commits an offence and is liable on conviction to a term of imprisonment not less than five years and not exceeding fifteen years. (2) In proceedings for an offence under subsection (1), where it is proved that the other person has a mental disability, the defendant is presumed to know or could reasonably be expected to know that the other person has a mental disability and as a result was not in a position to consent to engage in the sexual activity or to communicate such consent to the defendant. (3) For the purpose of subsection (1), a person is involved in the care of another person if– (a) the other person is accommodated and cared for in a care home, remand home, children’s home or voluntary home and the defendant is employed or has functions in the home which brings him or her or is likely to bring him or her into regular contact with the other person; (b) the other person is a patient in a public or private hospital or clinic and the defendant is employed by or has functions in the hospital or clinic which brings him or is likely to bring him into regular contact with the other person. (4) Marriage between the defendant and the other person shall be a defence in proceedings under subsection (1) and the onus of proof of the existence of the marriage shall be on the defendant. 6 7 Person under 18 cannot consent. Marriage not defence to offence. Rape. Indecent assault. Causing, inciting etc. a person with mental disability to engage in sexual activity. Care worker causing or inciting person with mental disability to engage in sexual activity.