Section 36: Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder

Sexual Offences Act 2003 · 2003 c. 42View on legislation.gov.uk

Part 1: Sexual Offences

A person (A) commits an offence if—

he intentionally engages in an activity,
the activity is sexual,
for the purpose of obtaining sexual gratification, he engages in it—
when another person (B) is present or is in a place from which A can be observed, and
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
B has a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder.

A person guilty of an offence under this section is liable—

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.