s. 53 (3) Consent is not a defence to a charge under this S. 52(3) section unless the accused satisfies the court on amended by 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). Pt 1 Div. 1 (8E) Other sexual offences Subdiv. (8E) (Heading and s. 58) inserted by No. 9509 s. 5, substituted as Pt 1 Div. 1 Subdiv. (8E) (Heading and ss 53–60) by No. 8/1991 s. 3. S. 53 53 Administration of drugs etc. substituted by No. 8/1991 (1) A person must not— s. 3, amended by (a) administer a drug, matter or thing to a Nos 49/1991 person; or s. 119(3) (Sch. 3 (b) cause a drug, matter or thing to be taken by a item 10), 48/1997 person— s. 60(1)(Sch. 1 item 30), with the intention of rendering that person 1/2009 s. 3 (ILA s. 39B(1)). incapable of resistance and thereby enabling himself or herself or another person to take part in an act of sexual penetration with that person. Level 5 imprisonment (10 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. Pt 1 Div. 1 Subdiv. (8E) (Heading and s. 58) inserted by No. 9509 s. 5, substituted as Pt 1 Div. 1 Subdiv. (8E) (Heading and ss 53–60) by No. 8/1991 s. 3. (8E) Other sexual offences S. 53 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 10), 48/1997 s. 60(1)(Sch. 1 item 30), 1/2009 s. 3 (ILA s. 39B(1)). 53 Administration of drugs etc. s. 53 (1) A person must not— (a) administer a drug, matter or thing to a person; or (b) cause a drug, matter or thing to be taken by a person— with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to take part in an act of sexual penetration with that person. Level 5 imprisonment (10 years maximum).
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