D. Procuring an unlawful sexual act by threats or intimidation
The maximum penalty for this offence is imprisonment for 14 years.
An unlawful sexual act is defined as:
- unlawful sexual intercourse;
- buggery or an act of gross indecency with a person of the opposite sex with whom that person may not have lawful sexual intercourse; or
- buggery or gross indecency with a person of the same sex.
The offence has no age requirement, nor is it gender specific. The threats or intimidation must bring about an unlawful sexual act. For example, threatening to tell others of previous sexual acts in order to have sexual intercourse or further sexual intercourse will breach section 119. Another example would be threatening to post nude photographs if further intercourse is not consented to. Section 119 offences are often related to illegal money lending. The debtor who cannot repay what has been borrowed may be threatened or intimidated into performing sexual activity to settle the outstanding loan and interest. The borrower is literally forced into prostitution.