Criminal Law Code as at 1st March 2007 (2) In deciding whether an impairment of dignity or invasion of privacy is sufficiently serious to constitute the crime of criminal insult, a court shall take into account the following factors in addition to any others that are relevant in the particular case⎯ (a) the nature of the words or conduct; (b) the extent to which the words were repeated or the conduct was persisted in, as the case may be; (c) the age and sex of the person whose dignity was impaired or privacy was invaded; (d) any previous relationship between the parties; (e) the degree of offence caused to the person whose dignity was impaired or privacy was invaded by the words or conduct. (3) In order to establish a charge of criminal insult based upon an impairment of dignity, it shall be necessary to prove that the complainant felt insulted or degraded as a result of the words or conduct that form the subject of the charge: Provided that, where the complainant was, at the time of the commission of the crime⎯ (a) a child or mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996); or (b) unable, through physical disability, to hear the words or see the conduct, as the case may be; he or she shall be deemed to have felt insulted or degraded if a reasonable person would have felt insulted or degraded by the words or conduct concerned. (4) In order to establish a charge of criminal insult based upon an invasion of privacy, in that the accused observed the complainant while the complainant was in a state of partial or complete undress, it shall not be necessary to prove that the complainant was aware of the invasion of privacy when it took place, if it is proved that when the complainant did become aware of it he or she felt insulted or degraded by it. (5) It shall be a defence to a charge of criminal insult based upon an invasion of privacy for the person charged to prove that his or her conduct was motivated solely by the desire to obtain evidence of the commission of adultery by his or her spouse and that⎯ (a) he or she had reasonable grounds for believing that his or her spouse was committing or about to commit adultery; and (b) he or she had reasonable grounds for believing that he or she was not invading the privacy of innocent persons; and (c) the invasion of privacy that occurred was no more than was reasonably necessary for the purpose of obtaining evidence of his or her spouse’s adultery. (6) The defence referred to in subsection (5) shall avail a person who is⎯ (a) licensed as a private investigator in terms of the Private Investigators and Security Guards (Control) Act [Chapter 27:10]; and (b) engaged by a person to obtain evidence of the commission of adultery by the spouse of that person. - 61 -