act Supplement tothe Sierra Leone Gi ated th November Sen this 70h day of October, 2078 DR. JULIUS MAADA BIO, President No.8 2019 “The Sexual Offences (Amendment) Act, 2019 ‘icing an Act to amend the Sexual Offences Ac. 2012, 10 make pronon forthe increase the maximum penalty for rape find setual penetration ofa child from filteen years to life imprsonmeat; to ake proviso fo the introduction ofthe offence Uraggravated sexual assault tomake provision for an aernatve “oanction aggravated sexual asta to make provision fo the franccution offences under the Act; to make provision forthe {taking rus by the Rukexof Court Commits, tourer else Uepracticetnd procedare under he Actand to provide for ther related mates. t 1 creo hy he President nd Members of Parent nh present Prison asembed2 Sexual Offences (Amendment) Act 2m Averamett 1, Seton ofthe Sexal Ofenees Act 2012 amendedby Sf 200 inserting immediately afer te deftion of "eran with mental or cS" physica ality” the following new definition “seul” mearsanactperfomnedina sex maser on another person: Amenament 2. Section ofthe Seal Oflences Act, 2012 is amended hy cco ® repealing and replcing tha section withthe folowing pew section - ofon, 6 A person who intentionally commits an act ‘of Sexual penevation oa another person without the consent ofthat oer person “ commits the offence of rape ands lable on enviction 0 ate of imprisonment not Jess than 15 years to fe imprisonment” (6) Notwithstanding the provisions of Section 241) ofthe Chien and Yours, Perse Ae (Cap) an Sston 70 of the Child Rigs Act of 207, a chil who engages in an act of rape on nother perso cits amen rd i liable on conviction to aterm of Inpisnment not estan fie (3) yes but not more than een (15) eas. A young person who engazes in an at ‘of rape on another person commis an ence sed iil on conviction term of imprisonment of pot les han ten (10) ease ingeisonnent (i) A person above the age ofa yout who engages in an acto rape om anothor peson commits offence and is iable ‘onconviin to tte of imprisonment ‘of not less than fifteen (15) to fe ingisorment Nos Sexual Offices Amendnen) Act, an (0) Where @ child commits rape under Section 6. thsi esives a deteed Sentence and sent to the Approve School unl he comes of age fo serve the remaining sentence in prin 3 Sesion (ofthe Sess OesAc, 2012 Hansen) Aen be amended hy inserting immediatly ater Section 1 the following SENS new Seton as 132) (Solitation by person in Autor). ot 202 13. @y*A person who, being ina poston of authority over nother esa, slic ex fon that person by thes, vitimization offer of favour, commits the offence of solicitation by person in authority ands Fable oncoaviton ae of imprisonment bot ss than 15 yeas Forte purpoes of Subsection 132) being ina posionof authority over anther person incades but is not inte oa relationship invoving- (© Teacher, nso profesor, ete, ‘rier, coach and student Enployeand employes (Gi) Miser, eet, preacher, lee, vicar, asor, imam and te member of thie congregation of 4 person seeking counseling; and (i) Doctor and patientNek Sexual Offences Amendment) Ae 2m mentmen, 4. Seaton 19 ofthe Sea Oleces Act, 2012 is amend (net No 12 BY (2) repealing and replacing that section with ibe Tellowing new section SSewal___ 19, Subjectin scion 24 of the Chien g and Young Persons Act (Cap 48). 2 person who engages in an act of euul pnction witha chilcomts Sffnce and sable on convion {Gas folowingtersof en penne (0 Notwithstanding the provisions in ‘Sexion24(1) ofthe Chien and Young Persone Ast(Cap 8) and Sesion Of ‘he Child Rights Ac 2007, child who ‘ngage nan at of sel penetration ‘om atether child or ape commis an ‘offence and is able on conviction to term ofimprzonent ofa es than five years (5) and net more than fen (15) years imprisonment A young person who engages in sm et ofsenl penetration rape on abate ‘person commits an offence adi ible fnconvicon toate of ineisnent ‘tot les than ten (10 years to ie inpriscoment. iA person above the ae of yout who ‘engage sexual ponetation oe rape fm another person commits an offense {ds ableon conviction oa team of Imprisonment of not less tan een (15) years life eprisonment Nes Sexual Offences Amendment Act 2a » « ® @ inserting immedi ater ta section the folowing new ection = (1) person who, in'asexl manner, eres x ply foes mother etn, io engage in ay sexual at, Including any form of sexual Violence, rug faite sexual esau ping forsee, commits the offence of ag3- raved sexual assault andi ible on conviction tthe following tema of lnprsorren Notwithstanding the provisions in Section 24(1)oft Children and Young. Pusors Act (Cap) and Section T0oF ‘the Chit Rights Act 2007, a eid who engages in an ot of wggrovated sexual stat om another child commits an ‘offence ansible on envision ‘erm ofimeisonment ot ess than Fie yeas (S)and not mor than ean 15) ears. A young person who engage in an at ‘ofagaraated sexual assault on another person conmisan offence andis ale ‘onconvictonioa erm of imprisonment foot les than ten (10) year oie lepine ‘A peseu above he age ofa youl who nets in an act of aggravated sens assault on another person, commis an6 Nes Senna Offnces (Amendment) Ae 29 offence ais able upon conviction to 8 term of impisonment of nat ss than fiteen (15) years 10 life impricnmen (2) Where person is charged with rape or sexu penetration of «cil, he may, if he evidence so. warns. be ‘Sequted of rape sex! penetration of child an convicted of ‘ggravated sexual assault albough he was not charged with that fence and is ale on convition to at of imprisonment ot Tessa 15 year oie dnpesonnent 'S_Secion35 ofthe Sexual Offences Act, 2012 Agaraating Fector) be amend by inserting paragraph) and) immediately fer paragraph (hora follows: (The victims impregnated. ©) The vit i found w have contacted sevualytansmited disease venice 6 Seon 39 of eS Ofes Ac 2012 Fre Media FSS? eatment and report) be amended by inserting the following Sat tera (0 A vin ofa sexual offence shall be ited o remedial reament anda fremodialepen omasy Goverment Hospital in Siem Leone of fom any ther Heath nt uly accredit bythe Ministry of Heath and Sanitation fo rovishm mesial reset rst offences and related Health Care Services Net Sexual Offincat Amendment) At 20 (H Medical treatment shall include Amentment ° ° counseling psychosocial suppor and en ath eviews Seton 42 ofthe Seal Offences Ac. 2012 teamended by eepeaing ant cing tat seton with the lowing 42 (1) Whee the Artomey- Genera is ofthe pinion tha the ings i any invest enti warns prosecaton user this Ac the Arorey-Ceverl shal do so inthe High Cour. ‘An indictment lating tan ofence nde hs Act shal be refered witout ‘ey previous comet fori and it Sali al respects be deemed to have been prefered pursuant to consent inwrtingbyajudge granted sub- section) fection 136f ie Criminal Prove Act (No 320f1965) and shal be proceeded with according ‘Onatealon indent prefred under thisseston, an exact ofthe iin of the police or investigators, signed ty the atomey-Cenera tthe eect that «particular persons, or pacar persons are inpiated in any offence tide hs Ac shal without more beoS __Sexnal Ofences (Amendment) Ae 2019 o ° 6 suficient authors fr prefer hat indictment in respect of such offence ass dsclosedinorbused on the report ofthose fags nines refered under hissee- tion shal eile and served on the cased tgstor witht smmary othe tvidance of the wiesses which he _Atoey-General ely on fre proof ofthe charge comand in hat indi tment and the name of such winesses salle istedeathe bck ofthe indie “The Attorney-General may pan giving tothe Registrar ofthe Cou and tothe acewed «notes of ts itenton to do So topche wth summary ofthe eve ence tobe given by that witness call ts ational wines any’ person not Ted on theback ofthe indictment who say give necessary or materi evidence tte tral ofan inictment under this Section, whether or no that perso ve ay evidence ding an invest ‘estion by the poe or investigators “The if any offre under tis Act sbahave prey oearinginthe Cou ‘over ay other itment excep an indstmes fortran, murder or ther ‘capt oence Nos Sexual Offences Umendment) Act. 20 1. Seton tothe Sexual Ofenoes Act, 2012isamended by ‘nsec immediatly afer that section the following new section ohcoan, 2% 0 e Notwithstanding section 4, the Rules ‘of Court Commitee may make ies or regulating the practice aid procedure der thi Ack, the aplication fof specal mesures in accordance wih section 4." Notwithstanding the provisions in Section 7 of Children and Young Persons Act (Capp 44) for eases of sexual peneraton and rape ach and Young person shal eid in he High ‘Nowwthstanding section 42, the Chief Sse shall within 3 months ofthe coming into farce of his amendent Act issue complasory ventencing guide tines wo be apie bythe cout inal cases where an offender is being Sentenced fra sevual offence. Seton 43 of he Sexual Offences Act, 2012 Aempted Conspiracy be amended rinsing settlement and compres. fA 12 ‘Anew paragraph be inserted immediately afer tht Seton. A new 912 ‘Section 4 Ato ead as flowsNes Sexual Offences Amendment Act ano A person who engages of atm to engage i 8 enement or compromise any mater in which @ exalofence alleged 0 hae occurred, commits offence nd isliable on convitiontafine of 10 inion Leones or tee of imprisonment of ot tes tan oe (1) year and pt more than ten (10) ear orto both fie and imprisonment” eng, 9 Settee Oe Ata Tamed eng paint Son hte ming Notting the generality of subscton 8 the Miner responsible for Soil Were, Geran Chinen Ais nay’by Stantory Instrument rake rules fer: (6) Compultory counseling (©) Seting up child panes under Pa ofthe (Child RighesActof2007 (o) esblshing, maintaining and publishing ‘sally both in pent and lectronie ed ‘soul offedets dbase. (@)_Seting up of approved schools (ake provision fo rape is andthe ining cof forensic experts andseting up of Forensic Latoratries Sexual fences Amondmes) AC 20 Nab Sexual Offences (Amendmen) 400 _A____— make accesible to (Est Competent authorities and publicise ecessary for publi safety (paicularly of Chile) a data base of persons convsted of ves oflenes 0. -Sexuol Ofeees Act, 2012 be amended by inserting te Area folowing new section o rend 4: ‘The Homan Rights Commission of Serta Leone in conjuction with the National Commitee on Grist based ance (NAC-GBV) ofthe Ministry of ‘Social Welfare, Geader and Chires's ‘Affi shal produce and present 10 Patiament an aval report ofthe stat ofplemettaionofe Seal Of ‘aot 2012 (as amended) throughout Sierra Leone including recom: endtionsoPatament™Sexual Ofences Amendment) Act, 2019 asedinPaliament this th day of September, inthe ear ofear Lord to thousand and nlten, (MOMAMED LEBBIE, Acting Clerk of Pariamons ‘as Pane Iams has been careflly compared by me with he Bil ‘which hs pass Palament and found by me to bea te and come peed copy ofthe sid Bil ; [MOHAMED LEBBIE, Acting Clark of Parliament Tire wr Pema nu Gonna Prom Dnt Seti LORE