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The Sexual Offences (Northern Ireland) Order 2008

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Exceptions to aiding, abetting and counselling

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77.—(1) A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this Article applies if he acts for the purpose of—

(a)protecting the child from sexually transmitted infection,

(b)protecting the physical safety of the child,

(c)preventing the child from becoming pregnant, or

(d)promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.

(2) This Article applies to—

(a)an offence under any of Articles 12 to 14 (offences against children under 13);

(b)an offence under Article 16 (sexual activity with a child);

(c)an offence under Article 20 which would be an offence under Article 16 if the offender were aged 18;

(d)an offence under any of Articles 23, 32, 43, 47 and 51 (sexual activity) against a person under 16;

(3) This Article does not affect any other statutory provision or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Order.

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