Engaging in sexual activity in the presence procured by inducement, threat or deception, of a person with mental disorder / Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

s.36, s.37 Sexual Offences Act 2003 · Triable either way

Sentencing framework

The guideline for this offence emphasizes an assessment of culpability and harm to determine the appropriate category and starting point for sentencing. Aggravating factors, such as previous convictions and the context of the offence, are weighed against mitigating factors like remorse and personal circumstances to arrive at a fair sentence within the prescribed ranges.

Maximum sentence

10 years’ custody

Court

Triable either way

Starting point

4 years’ custody

Offence range

Community order – 6 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Location of offence
·Timing of offence
·Offence committed in a domestic abuse context
·Failure to comply with current court orders
·Offence committed whilst on licence
·Any steps taken to prevent the victim reporting an incident
·Attempts to dispose of or conceal evidence
·Commission of offence whilst under the influence of alcohol or drugs

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
·Demonstration of steps taken to address offending behaviour
·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

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

Guideline notes

This guideline applies only to offenders aged 18 and older. Where there is a sufficient prospect of rehabilitation, a community order with programme requirement can be a proper alternative to a short or moderate length custodial sentence.

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.