PART 4SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER
Offences against persons with a mental disorder impeding choice
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice45
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.
2
B is unable to refuse if—
a
he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, 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 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.