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| |
| |
(4) A person guilty of an offence under this section, if aged 18 or over at the time | |
of the offence, is liable on conviction on indictment to imprisonment for a term | |
not exceeding 14 years. | |
(5) Unless subsection (4) applies, a person guilty of an offence under this section | |
is liable— | 5 |
(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 | |
5 years. | |
27 Inciting a child family member to engage in sexual activity | 10 |
(1) A person (A) commits an offence if— | |
(a) he intentionally incites another person (B) to touch, or allow himself to | |
be touched by, A, | |
(b) the touching is sexual, | |
(c) the relation of A to B is within section 28, | 15 |
(d) A knows or could reasonably be expected to know that his relation to B | |
is of a description falling within that section, and | |
(e) either— | |
(i) B is under 18 and A does not reasonably believe that B is 18 or | |
over, or | 20 |
(ii) B is under 13. | |
(2) Where in proceedings for an offence under this section it is proved that the | |
other person was under 18, the defendant is to be taken not to have reasonably | |
believed that that person was 18 or over unless sufficient evidence is adduced | |
to raise an issue as to whether he reasonably believed it. | 25 |
(3) Where in proceedings for an offence under this section it is proved that the | |
relation of the defendant to the other person was of a description falling within | |
section 28, it is to be taken that the defendant knew or could reasonably have | |
been expected to know that his relation to the other person was of that | |
description unless sufficient evidence is adduced to raise an issue as to whether | 30 |
he knew or could reasonably have been expected to know that it was. | |
(4) A person guilty of an offence under this section, if he was aged 18 or over at the | |
time of the offence, is liable on conviction on indictment to imprisonment for a | |
term not exceeding 14 years. | |
(5) Unless subsection (4) applies, a person guilty of an offence under this section | 35 |
is liable— | |
(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 | |
5 years. | 40 |
28 Family relationships | |
(1) The relation of one person (A) to another (B) is within this section if— | |
(a) it is within any of subsections (2) to (4), or | |
(b) it would be within one of those subsections but for section 67 of the | |
Adoption and Children Act 2002 (c. 38) (status conferred by adoption). | 45 |
| |
| |
|
| |
| |
(2) The relation of A to B is within this subsection if— | |
(a) one of them is the other’s parent, grandparent, brother, sister, half- | |
brother, half-sister, aunt or uncle, or | |
(b) A is or has been B’s foster parent. | |
(3) The relation of A to B is within this subsection if A and B live or have lived in | 5 |
the same household, or A is or has been regularly involved in caring for, | |
training, supervising or being in sole charge of B, and— | |
(a) one of them is or has been the other’s step-parent, | |
(b) A and B are cousins, | |
(c) one of them is or has been the other’s stepbrother or stepsister, or | 10 |
(d) the parent or present or former foster parent of one of them is or has | |
been the other’s foster parent. | |
(4) The relation of A to B is within this subsection if— | |
(a) A and B live in the same household, and | |
(b) A is regularly involved in caring for, training, supervising or being in | 15 |
sole charge of B. | |
(5) For the purposes of this section— | |
(a) “aunt” means the sister or half-sister of a person’s parent, and “uncle” | |
has a corresponding meaning; | |
(b) “cousin” means the child of an aunt or uncle; | 20 |
(c) a person is a child’s foster parent if— | |
(i) he is a person with whom the child has been placed under | |
section 23(2)(a) or 59(1)(a) of the Children Act 1989 (c. 41) | |
(fostering for local authority or voluntary organisation), or | |
(ii) he fosters the child privately, within the meaning given by | 25 |
section 66(1)(b) of that Act; | |
(d) a person is another’s partner (whether they are of different sexes or the | |
same sex) if they live together as partners in an enduring family | |
relationship; | |
(e) “step-parent” includes a parent’s partner and “stepbrother” and | 30 |
“stepsister” include the child of a parent’s partner. | |
29 Sections 26 and 27: marriage exception | |
(1) Conduct by a person (A) which would otherwise be an offence under section | |
26 or 27 against another person (B) is not an offence under that section if they | |
are lawfully married at the time. | 35 |
(2) In proceedings for such an offence it is for A to prove that he and B were | |
lawfully married at the time. | |
30 Sections 26 and 27: sexual relationships which pre-date family relationships | |
(1) Conduct by a person (A) which would otherwise be an offence under section | |
26 or 27 against another person (B) is not an offence under that section if— | 40 |
(a) the relation of A to B is not within subsection (2) of section 28, | |
(b) it would not be within that subsection if section 67 of the Adoption and | |
Children Act 2002 (c. 38) did not apply, and | |
(c) immediately before the relation of A to B first became such as to fall | |
within section 28, a sexual relationship existed between A and B. | 45 |
| |
| |
|
| |
| |
(2) Subsection (1) does not apply if at the time referred to in subsection (1)(c) | |
sexual intercourse between A and B would have been unlawful. | |
(3) In proceedings for an offence under section 26 or 27 it is for the defendant to | |
prove the matters mentioned in subsection (1)(a) to (c). | |
Offences against persons with a mental disorder | 5 |
31 Sexual activity with a person with a mental disorder | |
(1) A person (A) commits an offence if— | |
(a) he intentionally touches another person (B), | |
(b) the touching is sexual, | |
(c) B is unable to refuse because of a mental disorder, and | 10 |
(d) A knows or could reasonably be expected to know that B has a mental | |
disorder and that because of it B is likely to be unable to refuse. | |
(2) B is unable to refuse if— | |
(a) he lacks the capacity to choose whether to agree to the touching | |
(whether because he lacks sufficient understanding of the nature or | 15 |
reasonably foreseeable consequences of what is being done, or 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— | 20 |
(a) where subsection (4) applies, to imprisonment for life; | |
(b) in any other case, to imprisonment for a term not exceeding 14 years. | |
(4) This subsection applies if the touching involved— | |
(a) penetration of B’s anus or vagina with a part of A’s body or anything | |
else, | 25 |
(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. | |
32 Causing or inciting a person with a mental disorder to engage in sexual | |
activity | 30 |
(1) A person (A) commits an offence if— | |
(a) he intentionally causes or incites another person (B) to engage in an | |
activity, | |
(b) the activity is sexual, | |
(c) B is unable to refuse because of a mental disorder, and | 35 |
(d) A knows or could reasonably be expected to know that B has a mental | |
disorder and that because of it B is likely to be 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 | 40 |
understanding of the nature or reasonably foreseeable consequences of | |
the activity, or 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; | |
(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— | 5 |
(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. | 10 |
33 Engaging in sexual activity in the presence of a person with a mental disorder | |
(1) A person (A) commits an offence if— | |
(a) he intentionally engages in an activity, | |
(b) the activity is sexual, | |
(c) for the purpose of obtaining sexual gratification, he engages in it | 15 |
(i) when another person (B) is present or is in a place from which | |
A can be observed, and | |
(ii) knowing or believing that B is aware, or intending that B should | |
be aware, that he is engaging in it, | |
(d) B is unable to refuse because of a mental disorder, and | 20 |
(e) A knows or could reasonably be expected to know that B has a mental | |
disorder and that because of it B is likely to be unable to refuse. | |
(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 | 25 |
activity, or 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— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or a fine not exceeding the statutory maximum or both; | 30 |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
10 years. | |
34 Causing a person with a mental disorder to watch a sexual act | |
(1) A person (A) commits an offence if— | |
(a) for the purpose of obtaining sexual gratification, he intentionally causes | 35 |
another person (B) to watch a third person engaging in an activity, or to | |
look at an image of any person engaging in an activity, | |
(b) the activity is sexual, | |
(c) B is unable to refuse because of a mental disorder, and | |
(d) A knows or could reasonably be expected to know that B has a mental | 40 |
disorder and that because of it B is likely to be unable to refuse. | |
(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. | |
(3) A person guilty of an offence under this section is liable— | 5 |
(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. | |
Inducements etc. to persons with a mental disorder | 10 |
35 Inducement, threat or deception to procure sexual activity with a person with | |
a mental disorder | |
(1) A person (A) commits an offence if— | |
(a) with the agreement of another person (B) he intentionally touches that | |
person, | 15 |
(b) the touching is sexual, | |
(c) A obtains B’s agreement by means of an inducement offered or given, | |
a threat made or a deception practised by A for that purpose, | |
(d) B has a mental disorder, and | |
(e) A knows or could reasonably be expected to know that B has a mental | 20 |
disorder. | |
(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. | 25 |
(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 | |
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 | 30 |
(d) penetration of A’s mouth with B’s penis. | |
36 Causing a person with a mental disorder to engage in or agree to engage in | |
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 | 35 |
deception practised by him for this purpose, he intentionally causes | |
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, and | |
(d) A knows or could reasonably be expected to know that B has a mental | 40 |
disorder. | |
(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— | |
(a) penetration of B’s anus or vagina, | |
(b) penetration of B’s mouth with a person’s penis, | 5 |
(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. | |
37 Engaging in sexual activity in the presence, procured by inducement, threat or | |
deception, of a person with a mental disorder | 10 |
(1) A person (A) commits an offence if— | |
(a) he intentionally engages in an activity, | |
(b) the activity is sexual, | |
(c) for the purpose of obtaining sexual gratification, he engages in it | |
(i) when another person (B) is present or is in a place from which | 15 |
A can be observed, and | |
(ii) 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 | 20 |
that agreement, | |
(e) B has a mental disorder, and | |
(f) A knows or could reasonably be expected to know that B has a mental | |
disorder. | |
(2) A person guilty of an offence under this section is liable— | 25 |
(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. | |
38 Causing a person with a mental disorder to watch a sexual act by inducement, | 30 |
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 an image of any person engaging in an activity, | 35 |
(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 | |
that agreement, | |
(d) B has a mental disorder, and | 40 |
(e) A knows or could reasonably be expected to know that B has a mental | |
disorder. | |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or a fine not exceeding the statutory maximum or both; | 45 |
| |
| |
|
| |
| |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
10 years. | |
Care workers for persons with a mental disorder | |
39 Care workers: sexual activity with a person with a mental disorder | |
(1) A person (A) commits an offence if— | 5 |
(a) he intentionally touches another person (B), | |
(b) the touching is sexual, | |
(c) B has a mental disorder, | |
(d) A knows or could reasonably be expected to know that B has a mental | |
disorder, and | 10 |
(e) A is involved in B’s care in a way that falls within section 43. | |
(2) Where in proceedings for an offence under this section it is proved that the | |
other person had a mental disorder, it is to be taken that the defendant knew | |
or could reasonably have been expected to know that that person had a mental | |
disorder unless sufficient evidence is adduced to raise an issue as to whether | 15 |
he knew or could reasonably have been expected to know it. | |
(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, | 20 |
(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, | |
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 | 25 |
is liable— | |
(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. | 30 |
40 Care workers: causing or inciting sexual activity | |
(1) A person (A) commits an offence if— | |
(a) he intentionally causes or incites another person (B) to engage in an | |
activity, | |
(b) the activity is sexual, | 35 |
(c) B has a mental disorder, | |
(d) A knows or could reasonably be expected to know that B has a mental | |
disorder, and | |
(e) A is involved in B’s care in a way that falls within section 43. | |
(2) Where in proceedings for an offence under this section it is proved that the | 40 |
other person had a mental disorder, it is to be taken that the defendant knew | |
or could reasonably have been expected to know that that person had a mental | |
disorder 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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