Part 1Rape etc.
Sexual assault and other sexual offences
5Coercing a person into being present during a sexual activity
1
If a person (“A”)—
a
without another person (“B”) consenting, and
b
without any reasonable belief that B consents,
either intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of B or intentionally and for a purpose mentioned in that subsection causes B to be present while a third person engages in such an activity, then A commits an offence, to be known as the offence of coercing a person into being present during a sexual activity.
2
The purposes are—
a
obtaining sexual gratification,
b
humiliating, distressing or alarming B.
3
Without prejudice to the generality of subsection (1), the reference in that subsection—
a
to A engaging in a sexual activity in the presence of B, includes a reference to A engaging in it in a place in which A can be observed by B other than by B looking at an image, and
b
to B being present while a third person engages in such an activity, includes a reference to B being in a place from which the third person can be so observed by B.