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Inducement, threat or deception to procure sexual activity with a person with a mental disorder / Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception

Sexual Offences Act 2003, s.34, s.35 · Crown Court / Magistrates

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Sentencing framework

The guideline emphasizes a structured approach to sentencing based on the offender's culpability and the harm caused. The court distinguishes between categories of harm and culpability to establish starting points for sentences, while also considering various aggravating and mitigating factors to ensure fairness in sentencing.

Maximum sentence

Life imprisonment (if penetration involved), otherwise 14 years’ custody

Court

Crown Court / Magistrates

Starting point

5 years’ custody

Offence range

Community order – 10 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Victim under the age of 18
  • ·Severe psychological or physical harm
  • ·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, particularly where linked to the commission of the offence

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
  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

Guideline notes

  • This guideline applies only to offenders aged 18 and older. For sentencing children and young people, see relevant guidelines.

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.