Part 1Sexual Offences
Inducements etc. to persons with a mental disorder
34Inducement, 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,
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 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,
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 subsection (2) applies, 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;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.