Criminal Code (Cap. 9), article 203

203. (1) Whosoever, by lewd acts, defiles a person who has not completed the age of sixteen years, shall, on conviction, b e liable to imprisonment for a term from four to eight years: Provided that the offence shall be punishable with imprisonment for a term from six to twelve years, where any one or more of the circumstances results: (a) if the offence is committed on a person who has not completed the age of twelve years, or with violence, be it physical or psychological; (b) if the offence is committed on a person who has not completed the age of sixt een years by means of threats or deceit; (c) if the offence is committed by any ascendant by consanguinity or affinity, or by the adoptive parents, or by the tutor, or by any other person charged, even though temporarily, with the care, education, instruction, control or custody of the person who has not completed the age of sixteen years; (d) when the offender abuses of a recognised position of trust, authority, influence or during his duties as a professional in the possession of an official qualification and, or warrant to practice as counsellor, educator, family therapist, medical practitioner, nurse, pathologist, psychiatrist, psychologist, psychotherapist, social worker and, or youth worker over the person who has not completed the age of sixteen years and one of the circumstance referred to below occurs: (i) the offender wilfully or recklessly endangered the life of the person who has not completed the age of sixteen years; (ii) the offence involves violence or grievous bodily harm to such person; (iii) the offence is committed with the involvement of a criminal organisation within the meaning of 100 CAP . 9.] CRIMINAL CODE article 83A(1). (1A) When the act is consensual between peers who are close in age and in the level of development and provided that the acts do not involve physical and, or psyc hological abuse, the punishmen t shall be decreased by one or two degrees. Applicability of article 197(5). (2) The provisions of article 197(5) shall also apply in the cas e of an offence under this article, when the offence is committed by any ascendant or tutor. Complaint of injured party. (3) Provided that where the injured party withdraws his complaint, the Court may decide and direct the continuation of proceedings against the alleged perpetrator, giving particular consideration to the best interests of the complainant, any per son under the age of sixteen (16) involved, and any other relevant third parties, and shall cause such request and decision to be regist ered in the records of the case: Provided further that pro ceedings shall be instituted ex officio when the act is committed with abuse of parental authority or o f tutorship. Instigation, etc., of defilement of minors. Added by: III.2002.35. Amended by: XIII.2018.24; LXIV .2021.8.