Sexual Offences - Against People with Mental Disorders

Question 1

Definition of Sexual Activity with a Person with a Mental Disorder (s.30 SOA 2003)

Answer 1

• intentionally touches another person
• the touching is sexual
• the person is unable to refuse because of or for a reason related to a mental disorder
• the defendant knows or could reasonably be expected to know that the victim has a mental disorder and that because of it or for a reason related to it, it is unlikely they will refuse
• the act is carried out for the purpose of obtaining sexual gratification

Question 2

S.34 SOA (2003) - inducement/ threat (mental disorder)

Answer 2

• If the defendant obtains the victim’s agreement to sexual touching or activity by means of any inducement, threat or deception, he will be guilty of the offence and punishable in the same way as an offence under s.30
• required to prove that the defendant knew or reasonably could have been expected to know of the victim’s mental disorder but no need to prove that the victim was unable to refuse