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11. In relation to an offence to which Articles 9 and 10 apply, references in those Articles to the relevant act and to the complainant are to be read as follows—
Offence | Relevant Act |
---|---|
An offence under Article 5 (rape) | The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”). |
An offence under Article 6 (assault by penetration) | The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual. |
An offence under Article 7 (sexual assault) | The defendant intentionally touching another person (“the complainant”), where the touching is sexual. |
An offence under Article 8 (causing a person to engage in sexual activity without consent) | The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual. |
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