Part 1Sexual Offences
Inducements etc. to persons with a mental disorder
34Inducement, threat or deception to procure sexual activity with a person with a mental disorder
1
A person (A) commits an offence if—
a
with the agreement of another person (B) he intentionally touches that person,
b
the touching is sexual,
c
A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,
d
B has a mental disorder, and
e
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section, 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 life.
3
Unless subsection (2) applies, a person guilty of an offence under this section 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 14 years.
35Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
1
A person (A) commits an offence if—
a
by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,
b
the activity is sexual,
c
B has a mental disorder, and
d
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section, if the activity caused or agreed to involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
3
Unless subsection (2) applies, a person guilty of an offence under this section 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 14 years.
36Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
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 agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
e
B has a mental disorder, and
f
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section 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.
37Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
1
A person (A) commits an offence if—
a
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
b
the activity is sexual,
c
B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
d
B has a mental disorder, and
e
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section 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.