PART 4SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER

Care workers for persons with a mental disorder

Care workers: sexual activity with a person with a mental disorder51

1

A person (A) commits an offence if—

a

he intentionally touches another person (B),

b

the touching 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 Article 55.

2

Where in proceedings for an offence under this Article 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 Article, 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,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

4

Unless paragraph (3) applies, a person guilty of an offence under this Article 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 10 years.