What UK Sexual Offences Act 2003 Section 30 - Sexual Activity with a Person with a Mental Disorder Impeding Choice requires
Section 30 of the Sexual Offences Act 2003 makes it an offence for a person (A) intentionally to touch another person (B) sexually where B is unable to refuse because of, or for a reason related to, a mental disorder, and 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. 'Unable to refuse' means lacking the capacity to choose whether to agree or being unable to communicate such a choice. Penalty: where the touching involved penetration, life imprisonment on indictment; non-penetrative touching, up to 14 years on indictment. The offence protects vulnerable adults with mental disorders affecting capacity - alongside Sections 34-37 covering inducement, threat, deception, and care worker offences.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2003/42/section/30
SHA-256 integrity: 5276fb774a3180a7f4b217f0dd8bb7bd884bbaac025467236630bf92bd15e35b
Primary Citations — 10 traced to source
- Sexual Offences Act 2003 (c. 42) Section 30 (Sexual activity with a person with a mental disorder impeding choice) subsection (1): 'A person (A) commits an offence if (a) he intentionally touches another person (B), (b) the touching 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.' (legislation.gov.uk/ukpga/2003/42/section/30)
- Sexual Offences Act 2003 Section 30(2): 'unable to refuse' definition - (a) lacks capacity to choose (insufficient understanding of nature/foreseeable consequences); or (b) unable to communicate such a choice to A.
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