s. 52 (b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). (2) A worker at a facility must not commit, or be in S. 52(2) amended by any way a party to the commission of, an indecent Nos 49/1991 act with a person with a cognitive impairment s. 119(3) (Sch. 3 who— item 8), 48/1997 (a) is residing at the facility or attending the s. 60(1)(Sch. 1 item 29), facility to take part in a program specially substituted by designed to meet the developmental or No. 2/2006 s. 17(3). educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 years maximum). (3) Consent is not a defence to a charge under this S. 52(3) amended by section unless the accused satisfies the court on No. 2/2006 the balance of probabilities that at the time of the s. 17(4)(a)(b). alleged offence the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the person residing at or attending the facility. (4) If consent is relevant to a charge under this S. 52(4) inserted by section, the prosecution bears the burden of No. 2/2006 proving lack of consent. s. 17(5).
(b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). S. 52(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 29), substituted by No. 2/2006 s. 17(3). (2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and s. 52 (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 years maximum). S. 52(3) amended by No. 2/2006 s. 17(4)(a)(b). (3) Consent is not a defence to a charge under this section unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the person residing at or attending the facility. S. 52(4) inserted by No. 2/2006 s. 17(5). (4) If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent.
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