While not deemed criminal under existing law, the behaviours of this taxi driver and the policeman in St. John's are condemned as reprehensible by a large majority of the populace. When the mental capacity of one party to a sex act is already in doubt, a greater burden of proof should fall on any other party acting concurrently in a capacity of power or trust. 

There is ample judicial precedent holding taxi drivers, bartenders and other non-professionals to account for tortious acts. An amendment to the code would put such people on notice that the courts are mandated to take such unequal relationships into account and to assess whether the accused exercised sufficient care to obtain an unequivocal expression of consent that would supersede or overcome that special duty of care. 

This is not a panacea for the vagary attaching to the existing definition of consent for the population at large but it does address a subset that most people would agree is deserving of urgent attention.