Causing or inciting sexual activity with persons who have a mental disorder

2021 ◽  
Vol 30 (21) ◽  
pp. 1258-1259
Author(s):  
Richard Griffith
Keyword(s):  
Mental Disorder ◽  
Sexual Activity ◽  
Health Law ◽  
Sexual Offences ◽  
Senior Lecturer ◽  
Care Workers ◽  
Appeal Decision ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers

17. Sexual offences

2021 ◽  
pp. 786-860
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.

17. Sexual offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault, and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below thirteen years of age, sexual offences against children aged thirteen to sixteen, causing a child to watch a sexual act, arranging or facilitating commission of a child sex offence, and meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography, and taking indecent photographs of children.

scholarly journals The Sexual Offences Act 2003 and people with mental disorders

2011 ◽  
Vol 35 (7) ◽  
pp. 261-265 ◽  
Author(s):  
Martin Curtice ◽  
Emma Kelson
Keyword(s):  
Mental Disorders ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Court Cases ◽  
Sexual Offences ◽  
Capacity To Consent ◽  
Sexual Offences Act 2003 ◽  
Almost All ◽  
Oral Evidence ◽  
Alleged Victim

SummaryThe Sexual Offences Act 2003 repealed and revamped almost all of the existing statute law in relation to sexual offences. The purpose of this was to strengthen and modernise the law in this area. Incorporated within the Act were new and specific offences providing for ‘Offences against persons with a mental disorder impeding choice’ and offences involving ‘Inducement, threat or deception to procure sexual activity with a person with a mental disorder’. Psychiatrists may be involved in such cases to provide assessment and opinion as to whether the alleged victim had a mental disorder and because of this lacked the capacity to consent to sexual activity. Knowledge of the intricacies and implementation of these offences against people with mental disorder can aid clinicians who may be asked to provide expert written and oral evidence and opinion for court cases.

7. Sexual Offences

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Mens Rea ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Actus Reus ◽  
The Law ◽  
Perpetrators And Victims

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

scholarly journals ‘No Means No’, But Where's the Force? Addressing the Challenges of Formally Recognising Non-violent Sexual Coercion as a Serious Criminal Offence

2014 ◽  
Vol 78 (4) ◽  
pp. 309-325 ◽  
Author(s):  
Susan Leahy
Keyword(s):  
Sexual Activity ◽  
Sexual Coercion ◽  
Job Loss ◽  
Physical Injury ◽  
Adverse Consequence ◽  
Criminal Offence ◽  
Sexual Offences ◽  
Sexual Offences Act 2003

Although it is no longer necessary to show that force was used in order to prove that sexual activity was non-consensual, it remains difficult to prove that rape has occurred where the complainant has been threatened with an adverse consequence other than physical injury. Although, in principle, any threat (e.g. that of job loss or revelation of a secret) is sufficient to vitiate consent to sexual activity, in practice it remains difficult to prove that a criminal wrong has occurred in such cases. This article argues that this gap between principle and practice is the result of the vague approach to sexual coercion in the Sexual Offences Act 2003, along with a continuing societal preoccupation with force as a requirement for ‘real rape’. In light of these difficulties, it is argued that consideration should be given to introducing a specific offence of obtaining sex by threats to ensure that non-violent sexual coercion is recognised as criminal harm.

11. Sexual offences

2021 ◽  
pp. 468-517
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Criminal Law ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two of ‘The law in context’ features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

scholarly journals The Penetrative Offence in Section 4 of the Sexual Offences Act 2003: Offenders, Victims, and Outcomes After Detection

2020 ◽  
Vol 60 (4) ◽  
pp. 930-948
Author(s):  
Siobhan Weare
Keyword(s):  
Sexual Activity ◽  
The Other ◽  
Freedom Of Information ◽  
Sexual Offences ◽  
England And Wales ◽  
National Statistics ◽  
Sexual Offences Act 2003 ◽  
Information Requests ◽  
Police Forces

Abstract Extensive research exists in relation to the Sexual Offences Act 2003, in particular, rape and assault by penetration, the two most serious offences involving non-consensual sexual penetration of the victim. However, the other penetrative offence, causing a person to engage in (penetrative) sexual activity without consent, found in section 4 of the Act, has, to date, been excluded from national statistics and research. This article analyses novel data relating to the section 4 penetrative offence, collected using freedom of information requests from 37 police forces in England and Wales over a 13-year period. The data explore victim and offender demographics and outcomes after detection. The findings challenge understandings around who the victims and perpetrators of penetrative sexual offences are.

scholarly journals The Concept of Consent under the Sexual Offences Act 2003

2008 ◽  
Vol 72 (6) ◽  
pp. 519-536 ◽  
Author(s):  
Jesse Elvin
Keyword(s):  
Sexual Offences ◽  
Legislative Reform ◽  
Satisfactory Level ◽  
The Law ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

This article examines the provisions relating to consent under the Sexual Offences Act 2003. It considers whether the law in this area now possesses a satisfactory level of clarity following a number of recent Court of Appeal decisions, and concludes that there may be a need for further legislative reform in this respect.

7. Sexual Offences

Criminal Law ◽  
2020 ◽  
pp. 419-512
Author(s):  
Jonathan Herring
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Mens Rea ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Actus Reus ◽  
The Law ◽  
Perpetrators And Victims

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

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