MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 101 Protection of female patients.

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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 101

Protection of female patients.

101.(1) Any person who

(a)has unlawful sexual intercourse with a woman to whom this section applies;
or

(b)procures any woman to whom this section applies to have unlawful sexual
intercourse with men or with any particular man; or

(c)causes or encourages the prostitution of any
woman to whom this section applies; or

(d)being the owner or occupier of any premises, or having or acting or
assisting in, the management or control of any premises, induces or knowingly
suffers any woman to whom this section applies to resort to, or be in or upon,
those premises for the purpose of having unlawful sexual intercourse with men
or with any particular man; or

(e)with intent that any woman to whom this section applies should have
unlawful sexual intercourse with men or with any particular man, takes or
causes to be taken that woman out of the possession of and against the will of
her parent or other person having the lawful care or charge of her;

(2) A person shall not be guilty of an offence under sub-section (1) if he
proves that he did not know and had not any reason to suspect that the woman
in respect of whom he is charged was a woman to whom this section applies.

(3) Without prejudice to sections one and two of the Criminal Law Amendment
Act (Northern Ireland), 1923 (which preclude defences of consent and
reasonable belief as to age in relation to certain offences against
young persons), it shall not be a defence to any proceedings for an indecent
assault upon a woman to whom this section applies to prove the consent of that
woman to the act complained of if the accused knew or had reason to suspect
that the woman who gave her consent was a woman to whom this section applies.

(4) Section ten of the Criminal Law Amendment Act, 1885 (which relates to the
issue of search warrants), shall have effect in relation to any
woman to whom this section applies as it has effect in relation to any girl
under the age of seventeen years.

(5) Section four of the Criminal Evidence Act (Northern Ireland), 1923 (which
makes an accused's spouse a competent witness in relation to offences under
the enactments specified in the First Schedule to that Act), shall have effect
as if this section were included in that Schedule.

Subs.(6) rep. by 1967 c.18 (NI) s.15(2) sch.1

(7) If any person is charged with an offence under this section... further
proceedings on such a charge shall not be taken against him except by or with
the consent of the Attorney General.

(8) In this section "woman to whom this section applies" means any woman or
girl who

(a)is liable to be detained under this Act or by order of the [High Court]; or

(b)(not being liable to be detained as mentioned in paragraph (a)) is a
person requiring special care.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 101