{
  "url": "https://openlegislation.uk/sexual-offences-act-2003/section-38",
  "json_url": "https://openlegislation.uk/sexual-offences-act-2003/section-38.json",
  "legislation": "ukpga/2003/42",
  "legislation_title": "Sexual Offences Act 2003",
  "legislation_url": "https://openlegislation.uk/sexual-offences-act-2003",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Care workers: sexual activity with a person with a mental disorder",
  "text": "(1) A person (A) commits an offence if—\n(a) he intentionally touches another person (B),\n(b) the touching is sexual,\n(c) B has a mental disorder,\n(d) A knows or could reasonably be expected to know that B has a mental disorder, and\n(e) A is involved in B’s care in a way that falls within section 42.\n(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.\n(3) A person guilty of an offence under this section, if the touching involved—\n(a) penetration of B’s anus or vagina with a part of A’s body or anything else,\n(b) penetration of B’s mouth with A’s penis,\n(c) penetration of A’s anus or vagina with a part of B’s body, or\n(d) penetration of A’s mouth with B’s penis,\nis liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.\n(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable—\n(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;\n(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/42/section/38",
    "retrieved_at": "2026-10-29T09:17:48.870823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}