1978 Ed.]

Crimes

[CAP. 200

53

122. (1) Subject to subsection (3), a person who indecently Indecent assault assaults a woman shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years.

(2) A girl under the age of 16 cannot in law give any consent which would prevent an act being an assault for the purposes of this section.

(3) Where a marriage is invalid under section 27(2) of the Marriage Ordinance by reason of the wife being under the age of 16, the invalidity shall not make the husband guilty of any offence under this section by reason of her incapacity to consent while under that age, if he believes her to be his wife and has reasonable cause for the belief.

(4) A woman who is a defective cannot in law give any consent which would prevent an act being an assault for the purposes of this section, but a person is only to be treated as guilty of indecently assaulting a defective by reason of that incapacity to consent, if that person knew or had reason to suspect her to be a defective.

(Added, 1 of 1978, s. 6)

on a woman. [cf. 1956 c. 69, s. 14.]

(Cap. 181.)

1

Share This Page