Part 1Sexual Offences
Inducements etc. to persons with a mental disorder
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.