Sexual Offences (Scotland) Act 2009

46 Sexual abuse of trust of a mentally disordered person S

(1) If a person (“A”)—

(a) intentionally engages in a sexual activity with or directed towards a mentally disordered person (“B”), and

(b) is a person mentioned in subsection (2),

then A commits an offence, to be known as sexual abuse of trust of a mentally disordered person.

(2) Those persons are—

(a) a person providing care services to B,

(b) a person who—

(i) is an individual employed in, or contracted to provide services in or to, or

(ii) not being the Scottish Ministers, is a manager of,

a hospital, independent health care service or state hospital in which B is being given medical treatment.

(3) References in this section to the provision of care services are references to anything done by way of such services—

(a) by,

(b) by an employee of, or

(c) in the course of a service provided or supplied by,

a care service, whether by virtue of a contract of employment or any other contract or in such other circumstances as may be specified in an order made by the Scottish Ministers.

(4) In this section—

• [F1 “care service” has the meaning given by subsection (1)(a), (b), (d), (f), (g), (j) and (m) of section 47 of the Public Services Reform (Scotland) Act 2010 (asp 8) as read with paragraphs 1, 2, 4, 6, 7, 11 and 19 of schedule 12 to that Act,]

• “hospital” and “independent health care service” have the meanings given in section 44, and

• “state hospital” means a hospital provided under section 102(1) of the National Health Service (Scotland) Act 1978 (c. 29).

Textual Amendments

F1 Definition in s. 46(4) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 20(3)