4.5 Sexual Offences Against People with a Mental Disorder Flashcards
Definition of mental disorder
Any disorder or disability of the mind
How can someone be unable to refuse?
Lacks capacity
Unable to communicate
S30 Sexual offences Act?
He intentionally touches another person
The touching is sexual
They are unable to refuse due to a reason related to MD
And
He knows or ought to know that they have a MD which would mean they are unable to refuse
In terms of mental disorder, when inducements, threats or deception are used what is needed to be proved and what isn’t?
Need to prove he knew about the MD
No need to prove the victim was unable to refuse
S31 Sexual offences act?
Intentionally causes or incites another to engage in an activity
The activity is sexual
They are unable to refuse due to a reason related to MD
And
He knows or ought to know that they have a MD and that due to it they are likely to be unable to refuse
S32 Sexual offences act?
Intentionally engages in activity
The activity is sexual
For the purpose of obtaining sexual gratification
He engages in it
When another is present or is in a place where it can be observed
Knowing/ believing that they are aware/ intending that they should be aware
They are unable to refuse due to a reason related to MD
He knows/ ought to know that they have a MD and that because of it they are likely to be unable to refuse
S33 sexual offences act?
For the purpose of obtaining sexual gratification
He intentionally causes another
To watch a third party engaging sexual activity or look at an image of any person engaging in an activity
The activity is sexual
They are unable to refuse due to reasons related to aMD
He knows/ ought to know that they are likely to be B unable to refuse due to reasons relating to their MD
Who is defined as a prostitute?
On 1+ occassions
Whether or not compelled to do so
Offers or provides sexual services to another person
In return for payment/ promise of a payment to them or a third party
