Overview

mental disorder impeding choice


Show Summary Details

Quick Reference

Under the Sexual Offences Act 2003 it is an offence for a person (A) to engage in sexual activity with a person (B) who has a mental disorder impeding B's choice of whether to engage in sexual activity. B has a mental disorder impeding choice if B lacks the capacity to choose whether to agree to the activity (whether because B lacks sufficient understanding of the nature, or reasonably foreseeable consequences, of what is being done, or for any other reason) or if B is unable to communicate such choice to A. Four separate criminal offences exist under the Sexual Offences Act 2003 designed to protect persons who suffer from a mental disorder impeding choice: sexual activity with a person with a mental disorder impeding choice (s 30); causing or inciting a person with a mental disorder impeding choice to engage in sexual activity (s 31); engaging in sexual activity in the presence of a person with a mental disorder impeding choice (s 32); and causing a person with a mental disorder impeding choice to watch a sexual act (s 33).

Subjects: Law.


Reference entries

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.