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Care workers: sexual activity with a person with a mental disorder / Care workers: causing or inciting sexual activity

s.38, s.39 Sexual Offences Act 2003 · Crown Court / Magistrates

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Sentencing framework

The guideline for care workers engaged in sexual offences with individuals who have a mental disorder is structured around assessing culpability and harm to determine the category of the offence. Sentencing involves establishing the severity of the offence through defined categories, which guide the starting points and ranges for sentences, factoring in any aggravating or mitigating circumstances.

Maximum sentence

14 years’ custody (if penetration involved), otherwise 10 years’ custody

Court

Crown Court / Magistrates

Starting point

5 years’ custody for Category 1, 3 years’ custody for Category 2, 26 weeks’ custody for Category 3

Offence range

Community order – 10 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Commission of offence while on bail
  • ·Location of offence
  • ·Timing of offence
  • ·Victim compelled to leave home
  • ·Failure to comply with current court orders
  • ·Commission of offence whilst on licence

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability
  • ·Physical disability or serious medical condition
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — Reduction for guilty plea
  5. Step 5 — Dangerousness
  6. Step 6 — Totality principle
  7. Step 7 — Ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail (tagged curfew)

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.