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Engaging in sexual activity in the presence of a person with mental disorder impeding choice/ Causing a person, with mental disorder impeding choice, to watch a sexual act

s.32, s.33 Sexual Offences Act 2003 · Triable either way

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Sentencing framework

This guideline outlines the sentencing framework for offences involving engaging in sexual activities around individuals with mental disorders. Sentences depend on the specific circumstances, including the degree of culpability and harm caused. It recognizes various aggravating and mitigating factors that courts must weigh when determining sentences.

Maximum sentence

10 years’ custody

Court

Triable either way

Offence range

Community order – 6 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Mental disorder or learning disability, particularly where linked to the commission of the offence
  • ·Demonstration of steps taken to address offending behaviour

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 indicating a reduction
  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

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.