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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, | 5 |
(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 | 15 |
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; | 20 |
(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 | 25 |
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— | 30 |
(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, | 35 |
(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. | 40 |
(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. | 45 |
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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. | |
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, | 10 |
(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. | 20 |
(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, | 30 |
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. | |
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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— | 15 |
(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. | 20 |
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, | 25 |
(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 | 30 |
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— | 35 |
(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 | |
| |
| |
|
| |
| |
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, | 20 |
(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 | 25 |
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. | 30 |
(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 | 35 |
(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— | 40 |
(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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