Causing or inciting a person who is mentally defective or has an unsound mind to engage in sexual activity

Every person who– (a) intentionally causes, induces, threatens or incites another person to engage in an activity that is sexual in nature and the other person is unable to refuse because of or for a reason related to a mental defect; and (b) the person who causes, induces, threatens or incites knows or could reasonably be expected to know that the other person has a mental defect or an unsound mind and that because of it or for a reason related to it that person is likely to be unable to refuse, commits an offence and is liable, on conviction on indictment, to imprisonment for life. (2) A person who is being induced is unable to refuse if– (a) that person lacks the capacity to choose whether to agree to engage in the activity either due to lack of understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason; or (b) the person being induced is unable to communicate such a choice to the person doing the inducing. 54