Charged With Sexual Intercourse With Mentally Disordered Patient?
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Nigel Johnson of Forrest Williams

Historic Sexual Intercourse With Mentally Disordered Patient

This information should be read together with our overview of historic sexual offences.

This offence relates to men who care for women with mental disorders. Sexual intercourse between these men and their patients was prohibited by two separate statutes and as such these historic cases should be split into two categories:

• Offences committed between 1 January 1957 and 1 November 1960
• Offences committed between 1 November 1960 and 30 April 2004

An offence is committed if the defendant has had sexual intercourse with a defective receiving treatment, even if he was not the person providing the treatment.

If the defendant does not know or does not have any reason to suspect that the woman is mentally disordered, this is a defence.

Consent by the mentally disordered complainant is immaterial.

The maximum sentence for this offence is two years’ imprisonment.

Offences Committed Between 1 January 1957 and 1 November 1960

As the offence is committed by a man against a woman, intercourse is vaginal. Ejaculation is not required.

Offences Committed Between 1 November 1960 and 30 April 2004

Intercourse is anal or vaginal and this offence also applies to acts of gross indecency with another man.

Charged with historic sexual intercourse with mentally disordered patient?
Call Us Now on 01623 600645.