(1)  Any person responsible for the care of a person with a mental impairment who has sexual intercourse with that person is guilty of a crime.

Charge:  Penetrative sexual abuse of a person with a mental impairment.

(2)  It is a defence to a charge under this section to prove that –

(a) at the time of the act –

(i) the person with the mental impairment consented to the act; and

(ii) the giving of that consent was not unduly influenced by the fact that the person was responsible for the care of the person with the mental impairment; or

(b) at the time of the act, the person was married to, or was in a significant relationship, within the meaning of the Relationships Act 2003 , with, the person with the mental impairment.

(3)  For the purpose of this section, a person is responsible for the care of a person with a mental impairment if the person provides medical, nursing, therapeutic or educative services to the person with a mental impairment in connection with that mental impairment.

(4)  In this section –

mental illness has the same meaning as in the Mental Health Act 2013 ;

mental impairment means senility, intellectual disability, mental illness or brain damage.