Change 1 Article Choose an article Title and introductory text 1 Rape 2 Assault by penetration 3 Sexual assault 4 Causing a person to engage in sexual activity without consent 5 Rape of a child under 13 6 Assault of a child under 13 by penetration 7 Sexual assault of a child under 13 8 Causing or inciting a child under 13 to engage in sexual activity 9 Sexual activity with a child 10 Causing or inciting a child to engage in sexual activity 11 Engaging in sexual activity in the presence of a child 12 Causing a child to watch a sexual act 13 Child sex offences committed by children or young persons 14 Arranging or facilitating commission of a child sex offence 15 Meeting a child following sexual grooming etc. 15A Sexual communication with a child 16 Abuse of position of trust: sexual activity with a child 17 Abuse of position of trust: causing or inciting a child to engage in sexual activity 18 Abuse of position of trust: sexual activity in the presence of a child 19 Abuse of position of trust: causing a child to watch a sexual act 20 Abuse of position of trust: acts done in Scotland 21 Positions of trust 22 Positions of trust: interpretation 22A Further positions of trust 23 Sections 16 to 19: exception for spouses and civil partners 24 Sections 16 to 19: sexual relationships which pre-date position of trust 25 Sexual activity with a child family member 26 Inciting a child family member to engage in sexual activity 27 Family relationships 28 Sections 25 and 26: exception for spouses and civil partners 29 Sections 25 and 26: sexual relationships which pre-date family relationships 30 Sexual activity with a person with a mental disorder impeding choice 31 Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity 32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice 33 Causing a person, with a mental disorder impeding choice, to watch a sexual act 34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder 35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception 36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder 37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception 38 Care workers: sexual activity with a person with a mental disorder 39 Care workers: causing or inciting sexual activity 40 Care workers: sexual activity in the presence of a person with a mental disorder 41 Care workers: causing a person with a mental disorder to watch a sexual act 42 Care workers: interpretation 43 Sections 38 to 41: exception for spouses and civil partners 44 Sections 38 to 41: sexual relationships which pre-date care relationships 45 Indecent photographs of persons aged 16 or 17 46 Criminal proceedings, investigations etc. 47 Paying for sexual services of a child 48 Causing or inciting sexual exploitation of a child 49 Controlling a child in relation to sexual exploitation 50 Arranging or facilitating sexual exploitation of a child 51 Sections 48 to 50: interpretation 51A Soliciting 52 Causing or inciting prostitution for gain 53 Controlling prostitution for gain 53A Paying for sexual services of a prostitute subjected to force etc. 54 Sections 51A to 53A: interpretation 55 Penalties for keeping a brothel used for prostitution 56 Extension of gender-specific prostitution offences 57 Trafficking into the UK for sexual exploitation 58 Trafficking within the UK for sexual exploitation 58A Trafficking outside the UK for sexual exploitation 59 Trafficking out of the UK for sexual exploitation 59A Trafficking people for sexual exploitation 60 Sections 57 to 59: interpretation and jurisdiction Section 59A: interpretation 60A Forfeiture of land vehicle, ship or aircraft 60B Detention of land vehicle, ship or aircraft 60C Sections 60A and 60B: interpretation 61 Administering a substance with intent 62 Committing an offence with intent to commit a sexual offence 63 Trespass with intent to commit a sexual offence 64 Sex with an adult relative: penetration 65 Sex with an adult relative: consenting to penetration 66 Exposure 66A Sending etc photograph or film of genitals 66B Sharing or threatening to share intimate photograph or film 66C Sharing or threatening to share intimate photograph or film: exemptions 66D Sharing or threatening to share intimate photograph or film: interpretation 66E Creating purported intimate image of adult 66F Requesting the creation of purported intimate image of adult 66G Creating, or requesting the creation of, purported intimate image of adult: further definitions etc 66H Creating, or requesting the creation of, purported intimate image of adult: time limit for prosecution 66I Making or supplying purported intimate image generators 66J Section 66I: further defences 66K Section 66I: application to internet service providers 66L Liability for offence under section 66I committed by bodies 67 Voyeurism 67A Voyeurism: additional offences 68 Voyeurism: interpretation 69 Sexual activity with an animal 70 Sexual activity with a corpse 71 Sexual activity in a public lavatory 72 Offences outside the United Kingdom 73 Exceptions to aiding, abetting and counselling 74 “Consent” 75 Evidential presumptions about consent 76 Conclusive presumptions about consent 77 Sections 75 and 76: relevant acts 78 “Sexual” 79 Part 1: general interpretation 80 Persons becoming subject to notification requirements 81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997 82 The notification period 83 Notification requirements: initial notification 84 Notification requirements: changes 85 Notification requirements: periodic notification 85A Notification requirements: absence from notified residence 86 Notification requirements: travel outside the United Kingdom 87 Method of notification and related matters 88 Section 87: interpretation 88A Review of indefinite notification requirements: applicable persons 88B Review of indefinite notification requirements: date of discharge and further date of discharge 88C Review of the indefinite notification requirements: procedure and grounds 88D Review of indefinite notification requirement: transitional cases 88E Review of indefinite notification requirements: further review 88F Review of the indefinite notification requirements: application to a sheriff 88G Review of indefinite notification requirements: appeals 88H Review of indefinite notification requirements: power to amend periods 88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland 89 Young offenders: parental directions 90 Parental directions: variations, renewals and discharges 91 Offences relating to notification 91A Review of indefinite notification requirements: qualifying relevant offender 91B Review of indefinite notification requirements: application for review and qualifying dates 91C Review of indefinite notification requirements: determination of application for review 91D Review of indefinite notification requirements: factors applying to determination under section 91C 91E Review of indefinite notification requirements: appeals 91F Review of indefinite notification requirements: guidance 92 Certificates for purposes of Part 2 93 Abolished homosexual offencesActs which are no longer offences 94 Part 2: supply of information to Secretary of State etc. for verification 95 Part 2: supply of information by Secretary of State etc. 96 Information about release or transfer 96A Offences committed in a country outside the United Kingdom 96AA Convictions, etc. in a country which is not a member of the Council of Europe 96ZA Offences outside the United Kingdom: notification requirements 96ZB Young offenders: parental notices 96ZC Modifications of notification requirements 96ZD Appeal against the issue of a notice under section 96ZA or 96ZB 96A Police powers of entry to and examination of relevant offender's home address 96B Power of entry and search of relevant offender's home address 97 Notification orders: applications and grounds 98 Notification orders: effect 99 Sections 97 and 98: relevant offences 100 Interim notification orders 101 Notification orders and interim notification orders: appeals 102 Appeals in relation to notification orders and interim notification orders: Scotland 103 Sections 97 to 100: Scotland 103A Sexual harm prevention orders: applications and grounds 103B Section 103A: supplemental 103C SHPOs: effect 103CA SHPOs: requirements included in order etc. 103D SHPOs: prohibitions on foreign travel 103E SHPOs: variations, renewals and discharges 103F Interim SHPOs 103G SHPOs and interim SHPOs: notification requirements 103H SHPOs and interim SHPOs: appeals 103I Offence: breach of SHPO or interim SHPO etc 103J SHPOs and interim SHPOs: guidance 103K SHPOs and interim SHPOs: supplementary 104 Sexual offences prevention orders: applications and grounds 105 SOPOs: further provision as respects Scotland 106 Section 104: supplemental 107 SOPOs: effect 108 SOPOs: variations, renewals and discharges 109 Interim SOPOs 110 Appeals in relation to SOPOs and interim SOPOs: Northern Ireland 111 Appeals in relation to SOPOs and interim SOPOs: Scotland 111A SOPO and interim SOPO requirements: Scotland 112 Sections 104 and 106 to 109: Scotland 113 Offence: breach of SOPO or interim SOPO etc 114 Foreign travel orders: applications and grounds 115 Section 114: interpretation 116 Section 114: qualifying offenders 117 Foreign travel orders: effect 117A Surrender of passports: Northern Ireland 117B Surrender of passports: Scotland 118 Foreign travel orders: variations, renewals and discharges 119 Appeals in relation to foreign travel orders: Northern Ireland 120 Appeals in relation to foreign travel orders: Scotland 121 Sections 114 to 118: Scotland 122 Offence: breach of foreign travel order etc 122A Sexual risk orders: applications, grounds and effect 122B Section 122A: interpretation 122BA Sexual risk orders: requirements included in order etc. 122C Sexual risk orders: prohibitions on foreign travel 122D Sexual risk order: variations, renewals and discharges 122E Interim sexual risk orders 122F Sexual risk orders and interim sexual risk orders: notification requirements 122G Sexual risk orders and interim sexual risk orders: appeals 122H Offence: breach of sexual risk order or interim sexual risk order etc 122I Effect of conviction etc of an offence under section 122H etc 122J Sexual risk orders and interim sexual risk orders: guidance 122K Sexual risk orders and interim sexual risk orders: supplementary 123 Risk of sexual harm orders: applications, grounds and effect 124 Section 123: interpretation 125 RSHOs: variations, renewals and discharges 126 Interim RSHOs 127 RSHOs and interim RSHOs: appeals 128 Offence: breach of RSHO or interim RSHO etc 129 Effect of conviction etc. of an offence under section 128 etc 130 Power to amend Schedules 3 and 5 131 Young offenders: application 132 Offences with thresholds 132A Disapplication of time limit for complaints 133 Part 2: general interpretation 134 Conditional discharges and probation orders 135 Interpretation: mentally disordered offenders 136 Part 2: Northern Ireland 136ZA Application of orders throughout the United Kingdom 136ZB Order ceases to have effect when new order made 136ZC Variation , renewal or discharge of sexual harm prevention order by court in Northern Ireland 136ZD Variation , renewal or discharge of sexual risk order by court in Northern Ireland 136ZE Variation, renewal or discharge of sexual harm prevention order etc by court in Scotland 136ZF Variation, renewal or discharge of sexual risk order etc by court in Scotland 136ZG Variation, renewal or discharge of sexual harm prevention order made in Scotland by court in England and Wales 136ZH Variation, renewal or discharge of sexual offences prevention order or foreign travel order by court in England and Wales 136ZI Variation, renewal or discharge of sexual risk order made in Scotland by court in England and Wales 136ZJ Variation, renewal or discharge of risk of sexual harm order by court in England and Wales 136A Meaning of specified prostitution offence etc. 136B Power to authorise issue of closure notice: prostitution or pornography offences 136BA Power to authorise issue of closure notice: child sex offences in England and Wales 136C Contents and service of closure notice 136D Power to make a closure order 136E Making of closure orders: supplementary provision 136F Closure order: enforcement 136G Closure of premises: offences 136H Applications for extension of closure order 136I Orders extending closure orders 136J Discharge of closure order 136K Appeals 136L Access to other premises 136M Reimbursement of costs 136N Exemption from liability for certain damages 136O Compensation 136P Guidance 136Q Issue of closure notices by persons other than police officers 136R Interpretation 137 Service courts 138 Orders and regulations 139 Minor and consequential amendments 140 Repeals and revocations 141 Commencement 142 Extent, saving etc. 143 Short title SCHEDULE 1 Extension of gender-specific prostitution offences SCHEDULE 2 Sexual offences to which section 72(1) to (3) applies SCHEDULE 3 Sexual offences for purposes of Part 2 SCHEDULE 3A Review of indefinite notification requirements SCHEDULE 4 Procedure for ending notification requirements for abolished homosexual offencesProcedure for ending notification requirements for acts which are no longer offences SCHEDULE 5 Other offences for purposes of Part 2 SCHEDULE 6 Minor and consequential amendments SCHEDULE 7 Repeals and revocations
What to do with it
As published
32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
(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 is unable to refuse because of or for a reason related to a mental disorder, and
(e) 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.
(2) B is unable to refuse if—
(a) he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or
(b) he is unable to communicate such a choice to A.
(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 10 years.
Your wording
Your change, as a redline
32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
(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 is unable to refuse because of or for a reason related to a mental disorder, and
(e) 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.
(2) B is unable to refuse if—
(a) he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or
(b) he is unable to communicate such a choice to A.
(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 10 years.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.