20
Sexual Offences Act 2003 (c. 42)
Part 1—Sexual Offences
(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.
33 Causing 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.
Inducements etc. to persons with a mental disorder
34 Inducement, 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.
