Sexual activity with a person who is mentally defective or of unsound mind

(1) Every person who, intentionally touches another person and that touching is sexual in nature, knows or could reasonably be expected to know that the other person is mentally defective or has an unsound mind and that– (a) because of it that person is unable to refuse because he lacks the capacity to choose whether to agree to the touching either due to lack of understanding of the nature or reasonably foreseeable consequences of what is being done or for any other reason; or (b) that person is unable to communicate such a choice to the person who is touching him, commits an offence and is liable, on conviction on indictment, to imprisonment for life. (2) For the purposes of sub-section (1), touching is sexual in nature where it involves53 (a) the penetration or touching of the person’s anus or vagina; or (b) the penetration or touching of the person’s mouth with a penis; or (c) the penetration or touching of the person’s anus, penis or vagina by the other person.