Administering a substance with intent

(1) Any person commits an offence if he intentionally distributes or administers a substance to, or causes a substance to be administered to or taken by, another person with the intention of-

(a) stupefying; or

(b) overpowering that person,

So as to enable any person to engage in a sexual activity with that person.

(2) In proceedings for an offence under this section it is for the accused person to prove that he or she did not distribute, administer or cause to be taken any substance with a view to engaging into a sexual activity with another person.

(3) A person guilty of an offence under this section is, in addition to any other offence under this Act, liable on conviction

* to imprisonment for a term of not less than ten years.

Evidence of character and previous sexual history

(1) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, other than evidence relating to sexual experience or conduct in respect of the offence which is being tried, shall be adduced, and no question regarding such sexual conduct shall be put to such person, the accused or any other witness at the proceedings pending before a court unless the court has, on application by any party to the proceedings, granted leave to adduce such evidence or to put such questions.

(2) Before an application for leave contemplated in subsection (1) is heard, the court shall direct that any person, other than the complainant, whose presence is not necessary, may not be present at the proceedings.

(3) The court shall, subject to subsection (4), grant the application referred to in subsection (1) if satisfied that such evidence or questioning-

(a) relates to a specific instance of sexual activity relevant to a fact in issue;

(b) is likely to rebut evidence previously adduced by the prosecution;

(c) is likely to explain the presence of semen or the source of pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue;

(d) is not substantially outweighed by its potential prejudice to the complainant’s personal dignity and right to privacy; or

(e) is fundamental to the accused’s defence.

(4) A court shall not grant an application referred to in subsection (1) if, in its opinion, such evidence or questioning-

(a) relates to the sexual reputation of the complainant and is intended to challenge or support the credibility of the complainant;

(b) is sought to be adduced to support an inference that by reason of the sexual nature of the complainant’s experience or conduct, the complainant-

(i) is more likely to have consented to the offence being tried; or 

(ii) is less worthy of belief.