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Criminal law — statutory offences — Criminal Law Amendment Act [Chapter 9:05] — s 3(d) — sexual relations with female idiot or imbecile — meaning of these terms — what medical evidence is required to prove idiocy or imbecility
Criminal procedure (sentence) — statutory offences — Criminal Law Amendment Act [Chapter 9:05] — s 3(d) — sexual relations with female idiot or imbecile — rape in all but name — irrelevant that force not used
It is not necessary in every case where a male is charged with having sexual relations with a female "idiot or imbecile" that expert psychiatric evidence be led. The expert evidence of a doctor may be quite adequate.
In the context of s 3(d) of the Criminal Law Amendment Act [Chapter 9:05], an "idiot" is a person who because of her mental deficiency is unable to give informed consent, while an "imbecile" is a person with a degree of mental retardation exceeding mere feeblemindedness and deserving of protection.
The sexual exploitation of a girl is rape when her retardation is so severe that her acquiescence is meaningless. It is not mitigatory that no force was used.
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