s. 47A (3) If consent is relevant to a charge under subsection S. 47(3) (1), the prosecution bears the burden of proving inserted by No. 2/2006 lack of consent. s. 10(2). S. 47A 47A Persistent sexual abuse of child under the age of 16 (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. (1) A person who persistently sexually abuses a child S. 47A(1) amended by under the age of 16 to whom he or she is not Nos 81/1997 married is guilty of an indictable offence. s. 5(1)(a), 2/2006 s. 11(2). (2) To prove an offence under subsection (1) it is necessary to prove— (a) that the accused during a particular period S. 47A(2)(a) amended by (while the child was under the age of 16) did No. 81/1997 an act in relation to the child which would s. 5(1)(b)(2). constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B); and S. 47A(2)(b) (b) that an act which would constitute an offence amended by under a provision of this Subdivision or No. 81/1997 Subdivision (8A) or (8B) took place between s. 5(3). the accused and the child on at least two other occasions during that period. S. 47A(2A) (2A) It is not necessary that the alleged acts be of a inserted by similar nature or constitute an offence under the No. 81/1997 s. 5(4). same provision. (3) It is not necessary to prove an act referred to in S. 47A(3) substituted by subsection (2)(a) or (b) with the same degree of No. 81/1997 specificity as to date, time, place, circumstances s. 5(5). or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).
S. 47(3) inserted by No. 2/2006 s. 10(2). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 47A (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. 47A Persistent sexual abuse of child under the age of 16 s. 47A S. 47A(1) amended by Nos 81/1997 s. 5(1)(a), 2/2006 s. 11(2). (1) A person who persistently sexually abuses a child under the age of 16 to whom he or she is not married is guilty of an indictable offence. (2) To prove an offence under subsection (1) it is necessary to prove— S. 47A(2)(a) amended by No. 81/1997 s. 5(1)(b)(2). (a) that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B); and S. 47A(2)(b) amended by No. 81/1997 s. 5(3). (b) that an act which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B) took place between the accused and the child on at least two other occasions during that period. S. 47A(2A) inserted by No. 81/1997 s. 5(4). (2A) It is not necessary that the alleged acts be of a similar nature or constitute an offence under the same provision. S. 47A(3) substituted by No. 81/1997 s. 5(5). (3) It is not necessary to prove an act referred to in subsection (2)(a) or (b) with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).
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