The Sexual Offences Act 2003 contains specific offences that relate to breach of trust by care workers and these are summarised below. The Home Office has published leaflets explaining the new offences in more detail. Lobbying on this bill was Witness's main campaign focus in 2003. Witness worked with MPs and peers and met with ministers, successfully having a series of amendments tabled and gaining key commitments on relevant clauses.
Care workers: sexual activity with a person with a mental disorder (Sections 38-44)
These sections make it an offence for a care worker:
- to engage in sexual activity with someone with a mental disorder
- to cause or incite sexual activity in a person with a mental disorder
- to engage in sexual activity in the presence of a person with a mental disorder
- to cause a person with a mental disorder to watch a sexual act
The Act defines a ‘care worker’ broadly, recognising that abuse can take place in a range of settings. The definition includes health and social care workers who provide support in care homes, hospitals, in the individual’s own home and in other settings such as day centres. It also includes the wide range of people who may be involved in supporting someone with a learning disability or mental disorder, for example, support workers, therapists, including complementary therapists and psychotherapists, and advocates.
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