S37. Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
Date Updated: January 2012
Title: Sexual Offences
Offence: Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
Legislation: Sexual Offences Act 2003 - S37
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment 10 years.
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability and Harm
The maximum penalty for non-consensual offences involving victims with a mental disorder is high, indicating the relative seriousness of such offending behaviour.
In line with the thinking relating to the protection of children under 13, the fact that the victim has a mental disorder impeding choice should always aggravate an offence, bearing in mind that it will have been proven that the offender knew, or could reasonably have been expected to know, that the victim had a mental disorder impeding choice.
The starting points for sentencing for offences involving victims with a mental disorder impeding choice should be higher than in comparable cases where the victim has no such disability.
The planning of an offence indicates a higher level of culpability than an opportunistic or impulsive offence.
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
The starting points for sentencing for a sexual offence should be the same whether the victim has a mental disorder impeding choice, or has a mental disorder that makes him or her vulnerable to inducement, threat or deception.
The guidelines are predicated on the principle that the more serious the nature of the sexual activity a victim is forced to witness, the higher the sentencing starting point should be.
These offences will potentially be serious enough to merit a custodial sentence. In an individual case, the court will need to consider whether there are particular mitigating factors that move the sentence below the custodial threshold.
The same starting points apply whether the activity was caused or incited. Where an offence was incited but did not take place as a result of the voluntary intervention of the offender, that is likely to reduce the severity of the sentence imposed.
Aggravating & Mitigating Factors
Aggravating:
- Background of intimidation or coercion
- Use of drugs, alcohol or other substance to facilitate the offence
- Threats to prevent the victim from reporting the offence
- Abduction or detention
- Images of violent activity
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: Live sexual activity
Starting points: 18 months custody
Sentencing ranges: 12 months - 2 years custody
Type/nature of activity: Moving or still images of people engaged in sexual activity involving penetration
Starting points: 32 weeks custody
Sentencing ranges: 26 weeks - 12 months custody
Type/nature of activity: Moving or still images of people engaging in sexual activity other than penetration
Starting points: Community order
Sentencing ranges: Community order - 26 weeks custody
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
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