Sexual Offences against People with a Mental Disorder

Question 1

What is the definition of a ‘mental disorder’?

Answer 1

s1(2) Mental Health Act 1983

Any disorder or disability of the mind so a person with learning difficulties finds protection in the Act.

Question 2

Sexual Activity with a Person with a Mental Disorder

Answer 2

s30 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) He intentionally touches another person (B),
(b) The touching is sexual,
(c) B is unable to refuse because of or for a reason related to a mental disorder, and
(d) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2) B is unable to refuse if—
(a) He lacks the capacity to choose whether to agree to the touching (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of what is being done, or for any other reason), or
(b) He is unable to communicate such a choice to A.

(3) 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,

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 14 years
• Section (3)– Life Imprisonment.

Question 3

Causing or Inciting a Person with a Mental Disorder to Engage in Sexual Activity

Answer 3

s31 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) He intentionally causes or incites another person (B) to engage in an activity,
(b) The activity is sexual,
(c) B is unable to refuse because of or for a reason related to a mental disorder, and
(d) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(3) 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,

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 14 years
• Section (3)– Life Imprisonment.

Question 4

Sexual Activity in Presence of Mentally Disordered Person

Answer 4

s32 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) He intentionally engages in an activity,

(b) The activity is sexual,

(c) For the purpose of obtaining sexual gratification, he engages in it—
(i) When another person (B) is present or is in a place from which A can be observed, and
(ii) Knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d) B is unable to refuse because of or for a reason related to a mental disorder, and
(e) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 10 years

Question 5

Causing Person with Mental Disorder to Watch Sexual Act

Answer 5

s33 Sexual Offences Act 2003

(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 is unable to refuse because of or for a reason related to a mental disorder, and
(d) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 10 years

Question 6

Inducement, threat or deception to procure sexual activity with a person with a mental disorder

Answer 6

s34 Sexual Offences Act 2003

(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,

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 14 years
• Section (3)– Life Imprisonment.

Question 7

What are the main offences?

Answer 7

s30: Sexual Activity with a Person with a Mental Disorder
s31: Causing or Inciting a Person with a Mental Disorder to Engage in Sexual Activity
s32: Sexual Activity in Presence of Mentally Disordered Person
s33: Causing Person with Mental Disorder to Watch Sexual Act
s34: Inducement, threat or deception to procure sexual activity with a person with a mental disorder