Sexual Offences Act 2003 Explanatory Notes

Section 34: Inducement, threat or deception to procure sexual activity with a person with a mental disorderSection 35: Causing a person with a mental disorder to engage in or to agree to engage in sexual activity by inducement, threat or deceptionSection 36: Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorderSection 37: Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

67.Like the previous set of offences, these sections are concerned with the situation where a person (A) involves another person (B) in sexual activity where B has a mental disorder. However, for these offences, there is no need to prove that B is unable to refuse. Instead, the offences address the situation where A uses inducements, threats or deceptions to obtain B’s agreement to the sexual activity. The definition of mental disorder is at section 79(6); the definition of sexual activity is at section 78. An inducement might be A promising B presents of anything from sweets to a holiday; a threat might be A stating that he will hurt a member of B’s family; and a deception might be A stating that B will get into trouble if he does not engage in sexual activity, or persuading him that it is expected that friends should engage in sexual activity. The division of the sections according to the type of sexual activity involved is similar to that in the previous set of offences.

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