Madam Chair and hon members, persons with mental disabilities often from one of the most vulnerable groups in our society. Often due to the nature of their disability, they are unable to properly express themselves and they have to rely on others to protect them and to speak out on their behalf.
During our deliberations on this Bill, what we heard from NGOs and the Human Rights Commission in particular, is that the sexual abuse of persons with mental disabilities often goes unnoticed for years. Only when it manifests in either HIV or pregnancy, does the abuse come to light. It also causes problems in criminal convictions and in prosecutions because persons with mental disabilities often have great difficulty in passing the evidentiary tests in court and therefore the conviction rates are generally low.
The Bill that is before the House today goes a long way in protecting the most vulnerable of the vulnerable. Chapter 4 of the Bill specifically has been drafted to protect persons with mental disabilities. We have created special crimes in this Bill, such as the crime of sexual exploitation of persons who are mentally disabled. What this would be, for example, is if a guardian, a teacher or a caregiver at home intentionally allows or permits the commission of a sexual act with a person who is mentally disabled.
Other specific crimes that have been created in chapter 4 include sexual grooming of persons who are mentally disabled, which would be, in other words, encouraging or enabling a third party to perform a sexual act with a mentally disabled person. Other crimes include the display or exposure of pornography or other harmful materials to persons who are mentally disabled, as well as the crime of using persons who are mentally disabled for pornographic purposes.
Persons with mental disabilities face numerous challenges. It is estimated that some 6% of our population lives with some form of mental disability. What makes these people enormously vulnerable to sexual violence and abuse are factors such as an inability to consent to sex, an inability to communicate their lack of consent or a possible lack of appreciation of the nature of the sexual act itself. Furthermore, reliance on caregivers and other people often leads to even greater vulnerability. This is where the new proposed national register for sex offenders which is created in the Bill will offer substantial protection to persons with mental disabilities. How the register will work is that any person who has been convicted of a sexual offence against a person who is mentally disabled may not be employed to work with or hold any position of authority, supervision or care over persons who are mentally disabled. So, the purpose of the register would be to inform an employer, such as a hospital, a care facility or an institution if any of the employees, or potential employees' names would appear on the register. It also places an obligation on the employees who have been convicted of such sexual offences to disclose these convictions without delay to their employer.
A society is often judged on the way in which we treat our most vulnerable groups. This Bill is an important tool in ensuring that people with mental disabilities are afforded the necessary protection in law so that they do not become victims of sexual abuse and violence. At a time when we are focusing on the 16 Days of Activism for No Violence Against Women and Children, let us remember that legislation is but one element. What we are striving towards and what we are committed to is a criminal justice system which is sensitive to the needs of vulnerable groups and a society that treats victims of sexual violence with dignity and respect. In that, we take great pride in rising to support this Bill. I thank you. [Applause.]