Page:The Anti-Homosexuality Act, 2023.pdf/7

This page has been validated.
Act
Anti-Homosexuality Act
2023
"sexual organ" means—
(a) in the case of a female person, a vagina; or
(b) in the case of a male person, a penis;
"sexual orientation" means a person's identity in relation to the sex to which the person is sexually attracted;
"terminal illness" means a disease without a scientific cure;
"victim of the offence" means—
(a) a child against whom the offence of aggravated homosexuality has been committed;
(b) a person suffering from mental illness or any other form of disability against whom the offence of aggravated homosexuality has been committed; or
(c) any other person against whom the offence of homosexuality or aggravated homosexuality was committed—
(i) by means of threats, force, fear of bodily harm, duress, undue influence, intimidation of any kind or through misrepresentation as to the nature of the act; or
(ii) while unconscious or in an altered state of consciousness due to the influence of medicine, drugs, alcohol or any other substance that impaired his or her judgment;
"vulnerable person" means a person in need of special protection as a result of age, sex, illness, physical or mental disability, social or personal status, or other status and includes a refugee, an internally displaced person, a stateless person, an asylum seeker, a victim of gender-based violence and an illiterate person or elderly person.