There are specific provisions in Ireland for sexual offences involving people with disabilities. A person who engages in unlawful sexual activity with a person with a disability may, of course, be charged under any of the provisions described above. The specific provisions for people with disabilities are contained in Section 5 of the Criminal Law (Sexual Offences) Act 1993.
This provides for the following specific offences:
- Sexual intercourse or buggery with a mentally impaired person (other than a spouse); the maximum penalty is ten years imprisonment
- Gross indecency by a male with a male who is mentally impaired; the maximum penalty is two years imprisonment.
Mentally impaired refers in law to a person suffering from a disorder of the mind, whether through mental disability or mental illness, which is of such a nature or degree as to render a person incapable of living an independent life or of guarding themselves against serious exploitation.
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