http://www.legislation.gov.uk/ukpga/2003/42/section/32/enactedSexual Offences Act 2003Child abuseSex offencesSexual abuseRapeChildren in careKing's Printer of Acts of Parliament2021-08-04
Sexual Offences Act 2003s. 103C(4B)Police, Crime, Sentencing and Courts Act 2022s. 178(7)(b)s. 208(1)Sexual Offences Act 2003s. 103E(5C)(5D)Police, Crime, Sentencing and Courts Act 2022s. 178(8)s. 208(1)Sexual Offences Act 2003s. 103F(3B)Police, Crime, Sentencing and Courts Act 2022s. 178(9)(a)s. 208(1)Sexual Offences Act 2003s. 103FA 103FBPolice, Crime, Sentencing and Courts Act 2022s. 178(10)s. 208(1)Sexual Offences Act 2003s. 122A(8A)Police, Crime, Sentencing and Courts Act 2022s. 178(11)(a)s. 208(1)Sexual Offences Act 2003s. 122A(9B)Police, Crime, Sentencing and Courts Act 2022s. 178(11)(b)s. 208(1)Sexual Offences Act 2003s. 122D(4C)(4D)Police, Crime, Sentencing and Courts Act 2022s. 178(12)s. 208(1)Sexual Offences Act 2003s. 122E(3B)Police, Crime, Sentencing and Courts Act 2022s. 178(13)(a)s. 208(1)Sexual Offences Act 2003s. 122EA 122EBPolice, Crime, Sentencing and Courts Act 2022s. 178(14)s. 208(1)Sexual Offences Act 2003s. 136ZA(3)Police, Crime, Sentencing and Courts Act 2022s. 178(15)s. 208(1)Sexual Offences Act 2003s. 60B(5)(i)Justice Act (Northern Ireland) 2015Sch. 1 para. 123(1) Sch. 9 Pt. 1Sch. 8 para. 1s. 106(2)art. 2(k)(l)art. 3Sexual Offences Act 2003s. 108(9)Armed Forces Act 2011s. 17(2)s. 32(3)
Part 1Sexual OffencesOffences against persons with a mental disorder impeding choiceEngaging in sexual activity in the presence of a person with a mental disorder impeding choice
32
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 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.