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Mentally Disturbed Patients

Volume 230: debated on Tuesday 26 October 1993

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To ask the Secretary of State for the Home Department if he will list by regional health authority and by year for the last five years and the current

Persons found guilty or cautioned for specified offences of unlawful sexual intercourse with a mentally disordered person
Numbers found guilty (Cautions given in brackets)
CodeDescriptionAct198819891990199111992
19.2Man having unlawful sexual intercourse with a woman who is a defectiveSexual Offences Act 1956 sec 7 as amended by the Mental Health Act 1959 sec 127264(3)7(7)5(1)4(8)
19.3Male member of staff of hospital or mental nursing home having unlawful sexual intercourse with a female patientMental Health Act 1959 sec 128(l)(a)111(1)2(1)1
16.5Male member of staff of hospital or mental nursing home committing buggery or an act of gross indecency with male patientMental Health Act 1959 sec 128(1 )(a) as amended by Sexual Offences Act 1967 sec 1(4)11
16.6Man committing buggery or act of gross indecency with mentally disordered male patient who is subject to his careMental Health Act 1959 sec 128(1)(a) as amended by Sexual Offences Act 1967 sec 1(4)1
19.4Man having unlawful sexual intercourse with mentally disordered female patient who is subject to his careMental Health Act 1959 sec 128(l)(b)11
1 Provisional date.
2 Cautions data for 1988 offence sub-classifications is not available.
Persons prosecuted for specified offences of unlawful sexual intercourse with a mentally disordered person
Numbers prosecuted
CodeDescriptionAct198819891990199111992
19.2Man having unlawful sexual intercourse with a woman who is a defectiveSexual Offences Act 1956 sec 7 as amended by the Mental Health Act 1959 sec 127974814
19.3Male member of staff of hospital or mental nursing home having unlawful sexual intercourse with a female patientMental Health Act 1959 sec 128(l)(a)1121
16.5Male member of staff of hospital or mental nursing home committing buggery or an act of gross indecency with male patientMental Health Act 1959 sec 128(l)(a) as amended by Sexual Offences Act 1967 sec 1(4)11
16.6Man committing buggery or act of gross indecency with mentally disordered male patient who is subject to his careMental Health Act 1959 sec 128(l)(a) as amended by Sexual Offences Act 1967 sec 1(4)
19.4Man having unlawful sexual intercourse with mentally disordered female patient who is subject to his careMental Health Act 1959 sec 128(1)(b)1121
1 Provisional data.

year to date the number of cases reported of (a) unlawful sexual intercourse with (i) a male and (ii) a female who is a defective under the terms of the Sexual Offences Act 1956, section 7, as amended by the Mental Health Act 1959, section 127, (b) a (i) male and (ii) female member of staff of a hospital or mental nursing home having unlawful sexual intercourse with a patient under the terms of the Mental Health Act 1959, section l28(1) (a) and (c) a (i) male and (ii) female having unlawful sexual intercourse with a mentally disordered patient who is subject to care under the terms of the Mental Health Act 1959, section 128(i) (b); and how many successful convictions have ensued in each category listed.

The readily available information for England and Wales is provided in the tables.Information is available only for the numbers prosecuted and those cautioned or found guilty in the courts. These specific offences are not separately identified in the statistics of recorded crime. Statistics on courts proceedings are not available by regional health authority.The Mental Health Act 1959 refers only to males who have unlawful sexual intercourse with females.