Charged With Historic Sexual Intercourse With A Defective?
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Jess Sadler of Forrest Williams

Historic Sexual Intercourse With A Defective

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

The term ‘defective’ is defined as ‘a person… in whose case there exists mental defectiveness which is of such a degree that he requires care, supervision and control for his own protection or for the protection of others or, in the case of a child, involves disability of mind of such a nature and extent as to make him… incapable of receiving education at school’.

Commonly, such cases arise out of situations involving two people of poor intellectual functioning and should be dealt with sensitively.

An offence has been committed if the defendant had sexual intercourse with a woman who was a defective.

For offences committed prior to 1 November 1960, the woman must have been an ‘idiot’ or ‘imbecile’. These terms were used in place of defective between 1 January 1957 and 31 October 1960 and meant:

• Idiot – a woman who had no mind from birth
• Imbecile – a woman who once had a mind of some kind but due to some decay or disease had a want of understanding

If the defendant does not know or does not have any reason to suspect that the woman is defective, this is a defence. This is an especially important issue given that the defendant himself may be of limited intelligence.

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

Consent by the defective woman is immaterial.

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

Charged with Historic Sexual Intercourse With A Defective?
Call Us Now on 01623 600645.