Page:Sexual Offences Act 2003.pdf/30

24 Part 1—Sexual Offences 40 Care workers: sexual activity in the presence of a person with a mental disorder

(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 has a mental disorder,
 * (e) A knows or could reasonably be expected to know that B has a mental disorder, and
 * (f) A is involved in B’s care in a way that falls within section 42.

(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(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 7 years.

41 Care workers: causing a person with a mental disorder 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 has a mental disorder,
 * (d) A knows or could reasonably be expected to know that B has a mental disorder, and
 * (e) A is involved in B’s care in a way that falls within section 42.

(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(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 7 years.