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My Project Essay

4725 words - 19 pages

THE SEXUAL OFFENCES ACT, 2009
(Act ","of 2009)
ARRANGEMENT OF SECTIONS

PART I-:·Preliminary

I.

Short title and commencement. Interpretation.
PART

2.

II-Rape, Grievous Sexual Assault and A1arital Rape

3.
4.

Rape. Grievous sexual assault. Marital rape. Penalty for rape and grievous sexual assault.
PART Ill-Incest

5.

6.

7.

Incest.
PART

IV-Sexual Offences Against Children and Indecent Assault

8.

Sexual touching or interference. Sexual grooming ofchild.

9.

10. Sexual intercourse with person under sixteen.
II. Householder, etc., inducing or encouraging violation of child under

sixteen.
12. Custody of children under ...view middle of the document...

32. First report by offender. 33. Subsequent obligation to report. 34. Notice about absence. 35. Reporting offences.
PART VIII-Miscellaneous

36. Offences and penalties. 37. Power on indictment for rape to find the defendant guilty of a lesser offence. 38. Regulations. 39. Power of Minister to amend Schedule and penalties.
40. Consequential amendments to other Acts.

41. Review ofAct.

42. Repeal of certain provisions of the Offences Against the Person Act. 43. Repeal ofIncest (Punishment) Act.
44. Transitional.

SCHEDULES.

JAMAICA

No. 1.:2.-2009

I assent,

[L.S.]

Governor-General

AN ACT to Repeal the Incest (Punishment) Act and certain provisions of the Offences Against the Person Act; to make new provision for the prosecution of rape and other sexual offences; to provide for the establishment of a Sex Offender Registry; and for connected FfiWlfcUe nOfified by the Minister
[ bringing the Act into operation]

BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows: ­

PART I. Preliminary

1.-(1) This Act may be cited as the Sexual Offences Act, 2009, Short title and shall come into operation on such day or days as may be and com­ mencement. appointed by the Minister by notice published in the Gazette.

2

[No. ]

The Sexual Offences Act, 2009

(2) For the purposes of this section, different days may be appointed for the commencement of different provisions of this Act and for different purposes of the same provision.
Interpreta ­ tion.

2. In this Act, unless the context otherwise requires ­
"adult" means a person of or over the age of eight~en years; "child" means a person under the age of eighteen years; "Children's Court" means any Children's Court ~stablished in accordance with the provisions of the Chlld Care and Protection Act; "complainant" means, in relation to a sexual offence against this Act, a person who alleges that the offence was committed or attempted against that person; "correctional ~nstitution" has the meaning assigned to it in the Corrections Act; "grievous sexual assault" shall be construed in accordance with section 4(121.; "house ofprostitution" means a building, enclosure or place that is used f(x the purpose ofprostitution; "mental disorder" means-­ (a) a substantial disorder of thought, perception, orientation or memory which grossly impairs a person's behaviour, judgment, capacity to recognize reality or ability to meet the demands of life, which renders a pe~~on to be ofunsound 'mind; or (b) mental retardation, where such a condition is associated with abnormally aggressive or seriously irresponsible behaviour; "Register" means the Sex Offender Register maintained under section 29; "Registry" means the Sex Offender Registry established by section 29;

The Sexual Offences Act, 2009

[No. ]
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