Part 1Sexual Offences
Care workers for persons with a mental disorder
39Care workers: causing or inciting sexual activity
1
A person (A) commits an offence if—
a
he intentionally causes or incites another person (B) to engage 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, if the activity caused or incited 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 a term not exceeding 14 years.
4
Unless subsection (3) 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 10 years.