What is the situation?

The prosecution must prove the defendant knew about the mental disorder and that it made the person unable to refuse. A mental disorder can include dementia and severe learning difficulties. For an offence, the mental disorder must impede choice.

There are three categories:

  1. First, the mental functioning is so impaired that they are unable to refuse to be part of the sexual activity.
  2. Second, the mental disorder makes the person open to ‘inducement, threat or deception’.
  3. Third, the person has the capacity to agree to be involved in sexual activity, but is affected by a mental disorder and is dependent on a carer.

All the above types of complainant are regarded in law as being unable to refuse and therefore unable to give proper consent to sexual activity. Sexual activity involves touching of a sexual nature.

    How can we assist you

    Submit the form to receive a call back from our specialist team

    I've Been Accused Learn more
    I'm Under Investigation Learn more
    I've Been Charged Learn more
    I've Been Convicted Learn more

    Let’s talk.

    Contact our team to discuss your case or concerns with one of our sexual offence specialists.

    Our initial consultations are always free, and we manage all enquiries securely and confidentially.

    0151 705 8488

    info@pcdsolicitors.co.uk

    The Maltings, 100 Wilderspool Causeway,
    Warrington, Cheshire, WA4 6PU, UK

      How can we help?

      Submit the form to receive a call back from our specialist team

      Hear From
      Our Clients.

      PCD Solicitors are proud to provide an outstanding standard of client care and support.

      Contact Us

      Elliot

      Marcus sorted out my images case for me. Top team got me a great result. Really pleased with the outcome as I can now move on with my life. Thanks Marcus

      Conor

      I contacted Marcus after being arrested and accused of accusations I did not do, after speaking to him on the phone and explaining my story , Marcus advised me on a lot of details in cases related to my situation. Although it cost me a lot of money which was a hard hit to take for something I did not do Marcus informed me that it may be the best money I’ve spent , and gambling with something that could potentially change my life in a bad way forever was not a gamblers I was willing to take. Marcus had my confidence that him and his team would get the outcome I was aiming to achieve which they did! I also would like to thank Rhiannan the assistant of Marcus who was available and also asked me if there’s anything I need to contact her anytime. Would recommend.

      Simeon

      Great initial consultation, helped me to understand the process and very reassuring about my situation.

      Anonymous

      Pcd Solicitors were very friends, never judged, heard your side of the story and listened to how you got to the offending. They actively set out to help contact people and the police. Explain everything and anything you were unsure on. Especially Rhiannon she was extremely kind spoke to me like a human being. After researching for Solicitors I came across PCD and they contacted me the same day after i put in an enquirey. They have fixed prices and payment plans to help.

      Anonymous

      After a horrendous experience being arrested for a serious allegation, I contacted PCD online. Within 20 minutes at about 8pm, I had a call from Dylan. After a 20 minute call, I knew I was in good hands Alicia was on the case as soon as instructed and has been there throughout. Received the NFA letter with huge relief, and the team were still there, reassuring me. Grateful for the support and reassurance of a responsive team.

      Steven Thomas

      i have only just started my journey with them but so far they have been amazing, very aformatiove and helpful