Section 41 Sexual Offences Act 2003

Section 41 of the Sexual Offences Act 2003 is about
Care workers: causing a person with a mental disorder to watch a sexual act. It provides as follows:

(1)A person (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual,

(c)B has a mental disorder,

(d)A knows or could reasonably be expected to know that B has a mental disorder, and

(e)A is involved in B’s care in a way that falls within section 42.

(2)Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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Source: legislation.gov.uk
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