(a)A intentionally touches another person (B) who has a mental disability;
Section history
Section 376F — Procurement of sexual activity with person with mental disability
As in force on 30 November 2008.
Timeline 5 versions
(1)Any person (A) shall be guilty of an offence if —
(b)the touching is sexual and B consents to the touching;
(c)A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and
(d)A knows or could reasonably be expected to know that B has a mental disability.
(2)Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
(3)If the touching involved —
(a)penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or
(b)penetration of the mouth with the penis,
a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
(4)No person shall be guilty of an offence under this section for any act with that person’s spouse.
(5)For the purposes of this section —
“mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching;
“touching” includes touching —
(a)with any part of the body;
(b)with anything else; or
(c)through anything,
and includes penetration.
[UK SOA 2003, ss. 34, 79; UK MH Bill 2004, clause 2(6)]