66F   Sexual intercourse—intellectual disability

(1)  In this section:

intellectual disability means an appreciably below average general intellectual function that results in the person requiring supervision or social habilitation in connection with daily life activities.

(2)  Any person who has sexual intercourse with another person who:

(a)  has an intellectual disability, and

(b)  is (whether generally or at the time of the sexual intercourse only) under the authority of the person in connection with any facility or programme providing services to persons who have intellectual disabilities,

      shall be liable to penal servitude for 10 years.

(3)  Any person who has sexual intercourse with another person who has an intellectual disability, with the intention of taking advantage of the other person’s vulnerability to sexual exploitation, shall be liable to penal servitude for 8 years.

(4)  Any person who attempts to commit an offence under this section upon another person who has an intellectual disability shall be liable to the penalty provided for the commission of the offence.

(5)  A person does not commit an offence under this section unless the person knows that the person concerned has an intellectual disability.

(6)  No prosecution for an offence against this section shall be commenced without the approval of the Attorney General.