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.