Mental Health (Scotland) Act 1984

107 Protection of patients

(1) Without prejudice to the last foregoing section, it shall be an offence, subject to the exception mentioned in this section,—

(a) for a man who is an officer on the staff or is otherwise employed in a hospital or nursing home, or who is a manager of a hospital or who is a person carrying on a nursing home to have unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder as an in-patient in that hospital or nursing home, or to have such intercourse on the premises of which the hospital or nursing home forms part with a woman who is for the time being receiving such treatment there as an out-patient;

(b) for a man to have unlawful sexual intercourse with a woman suffering from mental disorder who is subject to his guardianship under this Act or is otherwise in his custody or care under this Act or in the care of a local authority under the [1968 c. 49.] Social Work (Scotland) Act 1968 or resident in a house provided by a local authority under that Act.

(2) It shall not be an offence under this section for a man to have sexual intercourse with a woman if he does not know and has no reason to suspect her to be a person suffering from mental disorder.

(3) In this section any reference to having unlawful sexual intercourse with a woman shall include a reference to committing a homosexual act as defined in section 80(6) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980.

(4) Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine.