The Sexual Offences (Northern Ireland) Order 2008

Causing a person to engage in sexual activity without consentN.I.

This section has no associated Explanatory Memorandum

8.—(1) A person (A) commits an offence if—

(a)he intentionally causes another person (B) to engage in an activity,

(b)the activity is sexual,

(c)B does not consent to engaging in the activity, and

(d)A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Articles 9 and 10 apply to an offence under this Article.

(4) A person guilty of an offence under this Article, if the activity caused involved—

(a)penetration of B's anus or vagina,

(b)penetration of B's mouth with a person's penis,

(c)penetration of a person's anus or vagina with a part of B's body or by B with anything else, or

(d)penetration of a person's mouth with B's penis,

is liable, on conviction on indictment, to imprisonment for life.

(5) Unless paragraph (4) applies, a person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.