PART 4SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER

Care workers for persons with a mental disorder

Care workers: sexual activity in the presence of a person with a mental disorder53

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 has a mental disorder,

e

A knows or could reasonably be expected to know that B has a mental disorder, and

f

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 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 7 years.