Sexual offences
Inducement/threat/deception to procure sexual activity (mental disorder)
Sexual Offences Act 2003, ss.34–37
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment (if penetration involved), otherwise 14 years’ custody
Actus reus
- Agrees, offers or obtains B’s agreement to a sexual touching by inducement, threat or deception; B has a mental disorder (SOA 2003, s.34). ss.35–37 are related inducement limbs.
Mens rea
- Intention as to the agreement/offer. A knows or could reasonably be expected to know that B has a mental disorder.
Defences
No inducement, threat or deception · Did not know and could not reasonably be expected to know of the disorder · No agreement or offer as charged
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody Where the offence involved penetration these are Schedule 19 offences for the purpo.
At the police station
This is not s.30 (unable to refuse). The vice is the inducement/threat/deception plus knowledge of the disorder.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.