Offences Involving the Mentally Disordered
| Jurisdiction | United Kingdom |
| Pages | 185-241 |
| Author | Patricia Lees,Eleanor Laws |
7
OFFENCES INVOLVING THE
MENTALLY DISORDERED
A. Introduction
Sexual Assaults Upon the Mentally
Disordered 7.04
B. Offences committed pre- 31.12.1956 7.04
1. Carnal Knowledge of a Mentally
Disordered Female 7.04
C. Offences Committed Between 1.1.1957
and 30.4.2004
1. Intercourse with an Idiot/ Imbecile
Woman 7.11
D. Offences C ommitted from 1.5.2004
to date 7.22
1. Sexual Activity with a Person with
Mental Disorder Impeding Choice 7.23
2. Causing or Inciting a Person with a
Mental Disorder Impeding Choice to
Engage in Sexual Activity 7.31
3. Engaging in Sexual Activity in the
Presence of a Person with a Mental
Disorder Impeding Choice 7.39
4. Causing a Person with a Mental
Disorder Impeding Choice to Watch a
Sexual Act 7.47
Abuse of the Mentally Disordered,
as Patients or by Those Certain
Responsibility for Them 7.55
E. Offences Committed between
1.11.1913 and 31.12.1956 7.55
1. Carnal Knowledge of Female under
Care/ Treatment 7.55
F. Offences Committed between 1.1.1957
and 31.10.1960 7.61
1. Intercourse with Defectives Receiving
Treatment 7.61
G. Offences Committed between
1.11.1960 and 30.4.2004 7.69
1. Intercourse with a Mentally Disordered
Patient 7.69
H. Offences Committed from 1.5.2004
to date 7.76
1. Sexual Activity with a Person who has a
Mental Disorder by a Care Worker 7.77
2. Care Workers: Causing or Inciting
Sexual Activity with a Person with a
Mental Disorder 7.85
3. Care Workers: Sexual Activity in the
Presence of a Person with a Mental
Disorder 7.93
4. Care Workers: Causing a Person with a
Mental Disorder to Watch a Sexual Act 7.101
Oences Designed to Protect the Mentally
Disordered from Procuration 7.109
I. Offences Committed pre- 31.12.1956 7.109
1. Procuring a Female to have Carnal
Connection 7.109
2. Procurement of a Defective 1.1.1957
to 30.4.2004 7.117
J. Offences Committed from 1.5.2004 to
date 7.121
1. Procuring by Inducement, reat,
or Deception Sexual Activity with a
Mentally Disordered Person 7.122
2. Causing a Person with a Mental
Disorder to Engage in Sexual Activity
by Inducement, reat, or Deception 7.130
3. Engaging in Sexual Activity in the
Presence, Procured by Inducement,
reat, or Deception, of a Person
with a Mental Disorder 7.138
4. Causing a Person with a Mental
Disorder to Watch a Sexual Act by
Inducement, reat, or Deception 7.145
Offences Protecting the Mentally
Disordered from Prostitution or Abuse
upon Premises 7.152
K. Offences committed pre- 1.1.1957 7.152
1. Causing or Encouraging Prostitution
of a Defective 7.153
2. Permitting Premises to be Used for
Sexual Intercourse with a Female
Defective 7.157
L. Offences Committed between
1.1.1957 to 30.4.2004 7.161
1. Causing or Encouraging the Prostitution
of any Woman or Girl who is a Defective 7.164
2. Permitting a Defective to Use Premises
for Intercourse 7.170
M. Offences Committed from 1.5.2004
to date 7.176
1. Causing or Inciting Prostitution for Gain 7.177
2. Controlling Prostitution for Gain 7.185
.
A. INTRODUCTION
is chapter deals principally with oences upon women. Mentally disordered males have
in the past been provided with some protection (see paras 5.86 and 7.651), but not exten-
sively so, until the SOA 2003 was passed.
e SOA 2003 consolidated the law and provided oences against both mentally disordered
males and females.
Before the passing of the SOA 1956 (commencement date 1.1.1957) there were several stat-
utes dealing with oences against the mentally disordered. In e ach there was a separate def-
inition of individuals, currently described as mentally disordered. In the main, terms used
are oensive to the modern reader. e y nevertheless have been included in order to cover
the rare occasions that such a case (pre- dating 1957) would be prosecuted. However, judi-
cial discretion may allow for an indictment to contain the term ‘mental disorder’ instead of
‘idiot/ imbecile/ defective’.
Sexual Assaults Upon the Mentally Disordered
B. OFFENCES COMMITTED PRE- 31.12.1956
1. Carnal Knowledge of a Mentally Disordered Female
Criminal Law Amendment Act 1885, s 5(2)
Denition
Any person who ‘unlawfully and carnally knows, (that is, has vaginal intercourse with) or
attempts to have unlawful carnal knowledge of any female idiot or imbecile woman or girl’
in any circumstances not amounting to rape.
Proof
(i) Carnal knowledge, that is penetration of vagina by the penis, proof of ej aculation not
necessary;2
(ii) that the woman was an ‘idiot or imbecile’ as dened;
(iii) that the defendant knew the woman was an ‘idiot or imbecile’.3
1 Indecent Assaults upon Males. SOA 1956, s 15(3) and Mental Health Act (MHA) 1959, s 128.
2 R v Marsden [1891] 2 QB 149, and later OAPA 1861, s 63.
3 CLAA 1885, s 5(2).
7.0 1
7.0 2
7.0 3
7.0 4
7.0 5
. -.. 187
Notes
(i) e oence is triable only on indictment.
(ii) An ‘imbecile’ was dened (by common law) as a woman incapable of appreciating
the nature and quality of the act in question, or incapable of exercising an act of her
own will in giving or withholding her consent; this incapacity must arise from want of
understanding.4
(iii) An ‘idiot’ was dened as a person who has ‘no mind’ (whether or not f rom birth).5
(iv) Proof of consent is not required.
Indictment
CARNAL KNOWLEDGE OF AN ‘IDIOT/ IMBECILE’ Pre- 31.12.1956
Statement of Oence
CARNAL KNOWLEDGE OF AN IMBECILE WOMAN, contrar y to section 5(2) of the
Criminal Law Amendment Act 1885.
Particulars of Oence
D on a day between . . . had unlawful carnal knowledge of C, an imbecile woman, in
circumstances not amounting to rape, knowing that the said C is an imbecile/ idiot
woman/ girl.
Alternative Oences
Attempt to commit the full oence. When indicting oences of attempt do so under
common law. Aver the attempt in both the Statement of Oence and Particulars of Oence.
In addition, aver the substantive oence under the relevant Act; see paras 1.51 and 12.157
and Reed & Others [2021].6
Sentence
On indictment: 2 YEARS.
As of 1.1.1957, SOA 1956, s 7 covers this oence.7
4 R v Turner [1886] CCC Sess Papers.
5 R v F 74 JP 384.
6 Reed & Others [2021] EWCA Crim 572.
7 e CLAA 1885 was repealed.
7.0 6
7.0 7
7.0 8
7.0 9
7.10
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