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.