Part 1Sexual Offences

Care workers for persons with a mental disorder

41Care workers: causing a person with a mental disorder to watch a sexual act

1

A person (A) commits an offence if—

a

for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

b

the activity is sexual,

c

B has a mental disorder,

d

A knows or could reasonably be expected to know that B has a mental disorder, and

e

A is involved in B’s care in a way that falls within section 42.

2

Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

3

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 7 years.