Achievements – Sexual Offences Act 2003

We knew from our experience that people with learning disabilities were at an increased risk of sexual abuse, and that there was a low conviction rate of those who sexually abused people with learning disabilities.

Also research studies that have been carried out back this up, such as one study of the sexual abuse of people with a learning disability suggest that at least 1,400 adults with a learning disability are likely to be reported as victims of sexual abuse each year (Brown, Stein and Turk, The Sexual Abuse of Adults with a Learning Disability)

It has also been proven that disabled people may be up to 4 times more likely to be experience abuse.

The low conviction rate happens for all sorts of reasons, including the difficulties in proving the lack of consent with people who had limited communication, or a lack of capacity.

So, together with Voice UK and Mencap, Respond produced a report called Behind Closed Doors which called for these new offences:

• For an individual to have sex with a person with a severe learning disability who is unable to consent to that sexual activity.
• For an individual working in a residential home to have sex with a person with a learning  disability receiving services in that care setting.
• Obtaining sex with a person with a learning disability by threats or deception.
• A new test to determine a person’s capacity to consent to sexual activity.
• It should be a criminal offence for an individual working in a residential home or other care setting to have sex with a person with a learning  disability living or receiving services in that care setting
• Remove the demeaning word ‘defective’ in law to refer to someone with a learning disability
  

We lobbied Parliament, worked to get the issue covered in the media, and worked for public support.

The result – The Sexual Offences Act 2003

• Sexual Offences against a person with a mental disorder
  • Sections 30 – 33 relate to situations where a person (A) involves another person (B) in sexual activity where B has a mental disorder, and because of that B is unable to refuse involvement in the sexual activity.
  • Sections 34 – 37 cover inducements, threats or deception to obtain agreement to sexual activity with a person with a mental disorder.
• Offences committed by care workers
  • Sections 38 – 41 creates specific offences for a care worker that has sexual activity with a person with a mental disorder receiving care in the setting they work at.