Clause 32 - Sexual activity with a person with a mental disorder or learning disability
Sexual Offences Bill [Lords]
4:30 pm
Ms Harriet Harman (Solicitor General, Law Officers' Department; Camberwell and Peckham, Labour)
May I assist the hon. Lady? Under the definition used, that should not be a problem because the clause states that a person is:
''unable to refuse if—
(a) he lacks the capacity to choose . . . or
(b) he is unable to communicate''
that choice. The phrase ''unable to refuse'' is therefore clearly defined, which should reassure the hon. Lady.