Part 1Sexual Offences
Offences against persons with a mental disorder impeding choice
33Causing a person, with a mental disorder impeding choice, to watch a sexual act
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 is unable to refuse because of or for a reason related to a mental disorder, and
d
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 watching or looking (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.