Criminal Law Code as at 1st March 2007 “mentally incompetent person” means a person who is mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996); “owner”, in relation to any place, includes a person who lets or sublets or permits the occupation of the place, whether in his or her own right or on behalf of another person; “place” includes any premises, enclosure, vehicle or boat or any part thereof; “prostitute” means a male or female person who for money or reward— (a) allows other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her; or (b) solicits other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her; and the word “prostitution” shall be construed accordingly; “public place” means any road, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved; “sexual intercourse” means vaginal sexual intercourse between a male person and a female person involving the total penetration or penetration to the slightest degree of the vagina by the penis; “sexually-transmitted disease” includes any disease commonly transmitted by sexual intercourse or anal sexual intercourse; “unlawful sexual conduct” means any act the commission of which constitutes the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy; “young person” means a boy or girl under the age of sixteen years. (2) The following persons shall be deemed for the purposes of this Part to keep a brothel— (a) any person who manages the brothel or assists in its management; (b) the owner of the brothel, if he or she uses the place as a brothel or knowingly allows it to be so used; (c) any person who knowingly receives the whole or any part of any money taken in the brothel; (d) any person who resides in the brothel, unless he or she proves that he or she was ignorant of the character of the place; (e) any person found in the brothel who wilfully refuses to disclose the name and identity of the keeper or owner thereof. 62 Presumption regarding marriage Whenever in any prosecution under this Part the question is in issue whether any sexual intercourse between two persons was extra-marital, the persons shall be deemed not to have been spouses at the time of such intercourse, unless the contrary is proved. - 44 -