Watch Out!

Part of me thinks this is entirely sensible.

A social worker has been jailed for having an affair
with a married woman who was suffering from post-natal depression, even
though she consented to sex.

Christopher Bradford, 41, took advantage of his 31-year-old client during weekly counselling sessions, a court heard yesterday.

Betrayal of trust, violation of professional duties, taking advantage of the vulnerable….yes. And yet, there’s both a nagging worrying part and also a chance for a cheapish joke. The actual wording of the offense is:

…admitted a charge of "engaging in sexual activity with a mentally-disordered female".

Just how mentally disordered does she have to be for it to be a crime? There are those like me where any woman willing to engage in producing the two backed beast is showing prima facie evidence of mental disorder. As I say, I can understand the point that she was delivered to him for treatment, and not treatment of a Prescottian cocktail sausage kind, but isn’t that offense a little widely defined?

In

One response

  1. By s. 30(1)(d) Sexual Offences Act 2003, the mentally disordered person must be unable to refuse. While that sounds surprising, I haven’t seen the evidence that the court has.
    However, s. 38 prohibits care workers from engaging in sexual activity with mentally disordered people in their care, genuine consent notwithstanding.
    I’m never too sure about these kind of bright-line crimes – I think that they are more about pandering to moral indignation than a genuinely needed protection of the vulnerable. After all, s.30 ought to be enough protection, and the element of unprofessional conduct ought to be dealt with in that sphere.

Leave a Reply

Discover more from Tim Worstall

Subscribe now to keep reading and get access to the full archive.

Continue reading