SCHEDULE 3

PART 1OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 23(3)(b)

Offences in England and Wales1

An offence of rape of an adult under section 1 of the Sexual Offences Act 2003 —

a

an offence of rape under section 1 of the Sexual Offences Act 200325;

b

an offence of assault by penetration under section 2 of that Act;

c

an offence of causing a person to engage in sexual activity without consent under section 4 of that Act if the activity fell within subsection (3);

d

an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act if the touching fell within subsection (3);

e

an offence of causing or inciting a person with mental disorder impeding choice, to engage in sexual activity under section 31 of that Act, if the activity caused or incited fell within subsection (3);

f

an offence of inducement threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2); and

g

an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception if the activity fell within subsection (2).