Mental Health Act 1959

128 Sexual intercourse with patients. E+W

(1) Without prejudice to section seven of the M1 Sexual Offences Act 1956, it shall be an offence, subject to the exception mentioned in this section,—

(a) for a man who is an officer on the staff of or is otherwise employed in, or is one of the managers of, a hospital [F1 , independent hospital or care home] to have unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder in that hospital or home, or to have such intercourse on the premises of which the hospital or home forms part with a woman who is for the time being receiving such treatment there as an out-patient;

(b) for a man to have unlawful sexual intercourse with a woman who is a mentally disordered patient and who is subject to his guardianship under [F2 the Mental Health Act 1983] or is otherwise in his custody or care under [F2 the Mental Health Act 1983] or in pursuance of arrangements under . . . F3 , or Part III of the M2 National Assistance Act 1948, [F4 or the M3 National Health Service Act 1977] or as a resident in [F5 a care home].

(2) It shall not be an offence under this section for a man to have sexual intercourse with a woman if he does not know and has no reason to suspect her to be a mentally disordered patient.

(3) Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding two years.

(4) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

(5) This section shall be construed as one with the M4 Sexual Offences Act 1956; and section forty-seven of that Act (which relates to the proof of exceptions) shall apply to the exception mentioned in this section.

[F6 (6) In this section “independent hospital” and “care home” have the same meanings as in the Care Standards Act 2000.]

Annotations:

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Amendments (Textual)

F1 Words in s. 128(1)(a) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 2(a); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 and with transitional provisions in S.I. 2002/1493, art. 4); S.I. 2002/290, art. 3(2)(3) (with art. 3(6)-(10) and subject to art. 3(4)(5), Schs. 1-3)

F2 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 15

F3 Words repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

F4 Words inserted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 29

F5 Words in s. 128(1)(b) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 2(a); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 and with transitional provisions in S.I. 2002/1493, art. 4); S.I. 2002/290, art. 3(2)(3) (with art. 3(6)-(10) and subject to art. 3(4)(5), Schs. 1-3)

F6 S. 128(6) inserted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 2(b); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 and with transitional provisions in S.I. 2002/1493, art. 4); S.I. 2002/290, art. 3(2)(3) (with art. 3(6)-(10) and subject to art. 3(4)(5), Schs. 1-3)

Marginal Citations

M1 1956 c. 69.

M2 1948 c. 29.

M3 1977 c. 49.

M4 1956 c. 69.