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Other Bills before Parliament

Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    17

 

 33    Causing or inciting a person with a mental disorder or learning disability to

engage in sexual activity

     (1)    A person (A) commits an offence if—

           (a)           he intentionally causes or incites another person (B) to engage in an

activity,

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           (b)           the activity is sexual,

           (c)           B is unable to refuse because of a mental disorder or learning disability,

and

           (d)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability and that because of it B is likely to be

10

unable to refuse.

     (2)    B is unable to refuse if—

           (a)           he lacks the capacity to choose whether to agree to engaging in the

activity caused or incited (whether because he lacks sufficient

understanding of the nature or possible consequences of the activity, or

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for any other reason), or

           (b)           he is unable to communicate such a choice to A.

     (3)    A person guilty of an offence under this section is liable, on conviction on

indictment—

           (a)           where subsection (4) applies, to imprisonment for life;

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           (b)           in any other case, to imprisonment for a term not exceeding 14 years.

     (4)    This subsection applies if the activity caused or incited involved—

           (a)           penetration of B’s anus or vagina,

           (b)           penetration of B’s mouth with a person’s penis,

           (c)           penetration of a person’s anus or vagina with a part of B’s body or by

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B with anything else, or

           (d)           penetration of a person’s mouth with B’s penis.

 34    Engaging in sexual activity in the presence of a person with a mental disorder

or learning disability

     (1)    A person (A) commits an offence if—

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           (a)           he intentionally engages in an activity,

           (b)           the activity is sexual,

           (c)           for the purpose of obtaining sexual gratification, he engages in it in the

presence of another person (B), knowing or believing that B is aware, or

intending that B should be aware, that he is engaging in it,

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           (d)           B is unable to refuse because of a mental disorder or learning disability,

and

           (e)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability and that because of it B is likely to be

unable to refuse.

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     (2)    B is unable to refuse if—

           (a)           he lacks the capacity to choose whether to agree to being present

(whether because he lacks sufficient understanding of the nature of the

activity, or for any other reason), or

           (b)           he is unable to communicate such a choice to A.

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    18

 

     (3)    A person guilty of an offence under this section is liable, on conviction on

indictment, to imprisonment for a term not exceeding 10 years.

 35    Causing a person with a mental disorder or learning disability to watch a

sexual act

     (1)    A person (A) commits an offence if—

5

           (a)           for the purpose of obtaining sexual gratification, he intentionally causes

another person (B) to watch a third person engaging in an activity, or to

look at a photograph or pseudo-photograph of any person engaging in

an activity,

           (b)           the activity is sexual,

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           (c)           B is unable to refuse because of a mental disorder or learning disability,

and

           (d)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability and that because of it B is likely to be

unable to refuse.

15

     (2)    B is unable to refuse if—

           (a)           he lacks the capacity to choose whether to agree to watching or looking

(whether because he lacks sufficient understanding of the nature of the

activity, or for any other reason), or

           (b)           he is unable to communicate such a choice to A.

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     (3)    A person guilty of an offence under this section is liable, on conviction on

indictment, to imprisonment for a term not exceeding 10 years.

Inducements etc. to persons with mental disorder or learning disability

 36    Inducement, threat or deception to procure sexual activity with a person with

a mental disorder or learning disability

25

     (1)    A person (A) commits an offence if—

           (a)           with the agreement of another person (B) he intentionally touches that

person,

           (b)           the touching is sexual,

           (c)           A obtains B’s agreement by means of an inducement offered or given,

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a threat made or a deception practised by A for that purpose,

           (d)           B has a mental disorder or learning disability, and

           (e)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability.

     (2)    A person guilty of an offence under this section is liable, on conviction on

35

indictment—

           (a)           where subsection (3) applies, to imprisonment for life;

           (b)           in any other case, to imprisonment for a term not exceeding 14 years.

     (3)    This subsection applies if the touching involved—

           (a)           penetration of B’s anus or vagina with a part of A’s body or anything

40

else,

           (b)           penetration of B’s mouth with A’s penis,

           (c)           penetration of A’s anus or vagina with a part of B’s body, or

           (d)           penetration of A’s mouth with B’s penis.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    19

 

 37    Causing a person with a mental disorder or learning disability to engage in or

agree to sexual activity by inducement, threat or deception

     (1)    A person (A) commits an offence if—

           (a)           by means of an inducement offered or given, a threat made or a

deception practised by him for this purpose, he intentionally causes

5

another person (B) to engage in, or to agree to engage in, an activity,

           (b)           the activity is sexual,

           (c)           B has a mental disorder or learning disability, and

           (d)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability.

10

     (2)    A person guilty of an offence under this section is liable, on conviction on

indictment—

           (a)           where subsection (3) applies, to imprisonment for life;

           (b)           in any other case, to imprisonment for a term not exceeding 14 years.

     (3)    This subsection applies if the activity caused or agreed to involved—

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           (a)           penetration of B’s anus or vagina,

           (b)           penetration of B’s mouth with a person’s penis,

           (c)           penetration of a person’s anus or vagina with a part of B’s body or by

B with anything else, or

           (d)           penetration of a person’s mouth with B’s penis.

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 38    Engaging in sexual activity in the presence, procured by inducement, threat or

deception, of a person with a mental disorder or learning disability

     (1)    A person (A) commits an offence if—

           (a)           he intentionally engages in an activity,

           (b)           the activity is sexual,

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           (c)           for the purpose of obtaining sexual gratification, he engages in it in the

presence of another person (B), knowing or believing that B is aware, or

intending that B should be aware, that he is engaging in it,

           (d)           B agrees to be present because of an inducement offered or given, a

threat made or a deception practised by A for the purpose of obtaining

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that agreement,

           (e)           B has a mental disorder or learning disability, and

           (f)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability.

     (2)    A person guilty of an offence under this section is liable—

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           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

10 years.

 39    Causing a person with a mental disorder or learning disability to watch a

40

sexual act by inducement, threat or deception

     (1)    A person (A) commits an offence if—

           (a)           for the purpose of obtaining sexual gratification, he intentionally causes

another person (B) to watch a third person engaging in an activity, or to

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    20

 

look at a photograph or pseudo-photograph of any person engaging in

an activity,

           (b)           the activity is sexual,

           (c)           B agrees to watch or look because of an inducement offered or given, a

threat made or a deception practised by A for the purpose of obtaining

5

that agreement,

           (d)           B has a mental disorder or learning disability, and

           (e)           A knows or could reasonably be expected to know that B has a mental

disorder or learning disability.

     (2)    A person guilty of an offence under this section is liable—

10

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

10 years.

Care workers for persons with mental disorder or learning disability

15

 40    Care workers: sexual activity with a person with a mental disorder or learning

disability

     (1)    A person (A) commits an offence if—

           (a)           he intentionally touches another person (B),

           (b)           the touching is sexual,

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           (c)           B has a mental disorder or learning disability,

           (d)                         A knows or could reasonably be expected to know that B has a mental

disorder or learning disability, and

           (e)           A is involved in B’s care in a way that falls within section 44.

     (2)           Where in proceedings for an offence under this section it is proved that the

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other person had a mental disorder or learning disability, it is to be taken that

the defendant knew or could reasonably have been expected to know that that

person had a mental disorder or learning disability unless sufficient evidence

is adduced to raise an issue as to whether he knew or could reasonably have

been expected to know it.

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     (3)           A person guilty of an offence under this section, if the touching involved—

           (a)           penetration of B’s anus or vagina with a part of A’s body or anything

else,

           (b)           penetration of B’s mouth with A’s penis,

           (c)           penetration of A’s anus or vagina with a part of B’s body, or

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           (d)           penetration of A’s mouth with B’s penis,

            is liable, on conviction on indictment, to imprisonment for a term not

exceeding 14 years.

     (4)    Unless subsection (3) applies, a person guilty of an offence under this section

is liable—

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           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

10 years.

 

 

 
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Revised 19 June 2003