PART 4SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER
Inducements etc. to persons with a mental disorder
Inducement, threat or deception to procure sexual activity with a person with a mental disorder47.
(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, 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 disorder.
(2)
A person guilty of an offence under this Article, 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
(d)
penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
(3)
Unless paragraph (2) applies, a person guilty of an offence under this Article 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 14 years.