Search Legislation

Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

  • Explanatory Memorandum Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008. For other versions of these Explanatory Memorandum, see More Resources.

  1. 1.

    Introduction

  2. 2.

    Description

  3. 3.

    Matters of Special Interest to the Joint Committee on Statutory Instruments

  4. 4.

    Legislative Background

  5. 5.

    Territorial Extent and Application

  6. 6.

    European Convention on Human Rights

  7. Policy Background

    7.

    1. Consultation

    2. Guidance

    3. Overview of the proposals

    4. The Provisions

      1. Part 1 – Introductory

        1. Article 2: Interpretation

        2. Article 3: “Consent”

        3. Article 4: “Sexual”

      2. Part 2 – Non-consensual sexual offences

        1. Rape

          1. Article 5: Rape

        2. Assault

          1. Article 6: Assault by penetration

          2. Article 7: Sexual assault

        3. Causing sexual activity without consent

          1. Article 8: Causing a person to engage in sexual activity without consent

          2. Article 9: Evidential presumptions about consent

          3. Article 10: Conclusive presumptions about consent

          4. Article 11: Articles 9 and 10: relevant acts

      3. Part 3 – Sexual offences against children

        1. Rape and other offences against children under 13

          1. Article 12: Rape of a child under 13

        2. Assault

          1. Article 13: Assault of a child under 13 by penetration

          2. Article 14: Sexual assault of a child under 13

          3. Article 15: Causing or inciting a child under 13 to engage in sexual activity

        3. Sexual offences against children under 16

          1. Article 16: Sexual activity with a child

          2. Article 17: Causing or inciting a child to engage in sexual activity

          3. Article 18: Engaging in sexual activity in the presence of a child

          4. Article 19: Causing a child to watch a sexual act

          5. Article 20: Sexual offences against children committed by children or young persons

          6. Article 21: Arranging or facilitating commission of a child sex offence

        4. Offences against children under 18: abuse of position of trust

          1. Article 22: Meeting a child following sexual grooming

          2. Article 23: Abuse of position of trust: sexual activity with a child

          3. Article 24: Abuse of position of trust: causing or inciting a child to engage in sexual activity

          4. Article 25: Abuse of position of trust: sexual activity in the presence of a child

          5. Article 26: Abuse of position of trust: causing a child to watch a sexual act

          6. Article 27: Abuse of position of trust: acts done in England and Wales or Scotland

          7. Article 28: Positions of trust

          8. Article 29: Positions of trust: interpretation

          9. Article 30: Articles 23 to 26: exception for spouses and civil partners

        5. Familial sex offences against children under 18

          1. Article 31: Articles 23 to 26:  sexual relationships which pre-date position of trust

          2. Article 32: Sexual activity with a child family member

          3. Article 33: Inciting a child family member to engage in sexual activity

          4. Article 34: Family relationships

          5. Article 35: Articles 32 and 33: exceptions for spouses and civil partners

        6. Abuse of children under 18 through prostitution and pornography

          1. Article 36: Articles 32 and 33: sexual relationships which pre-date family relationships

          2. Article 37: Paying for sexual services of a child

          3. Article 38: Causing or inciting child prostitution or pornography

          4. Article 39: Controlling a child prostitute or a child involved in pornography

          5. Article 40: Arranging or facilitating child prostitution or pornography

          6. Article 41: Articles 38 to 40: Interpretation

        7. Indecent photographs of children under 18

          1. Article 42: Indecent photographs of persons aged 16 or 17

      4. Part 4 – Sexual offences against a person with a mental disorder

        1. Offences against persons with a mental disorder impeding choice

          1. Article 43: Sexual activity with a person with a mental disorder impeding choice

          2. Article 44: Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity

          3. Article 45: Engaging in sexual activity in the presence of a person with a mental disorder impeding choice

          4. Article 46: Causing a person, with a mental disorder impeding choice, to watch a sexual act

        2. Inducements to persons with a mental disorder

          1. Article 47: Inducement, threat or deception to procure sexual activity with a person with a mental disorder

          2. Article 48: Causing a person with a mental disorder to engage in or to agree to engage in sexual activity by inducement, threat or deception

          3. Article 49: Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder

          4. Article 50: Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

        3. Care workers for persons with a mental disorder

          1. Article 51: Care workers: sexual activity with a person with a mental disorder

          2. Article 52: Care workers: causing or inciting sexual activity

          3. Article 53: Care workers: sexual activity in the presence of a person with a mental disorder

          4. Article 54: Care workers: causing a person with a mental disorder to watch a sexual act

          5. Section 55: Care workers: interpretation

          6. Article 56: Articles 51 to 54: exception for spouses and civil partners

          7. Article 57: Articles 51 to 54: sexual relationships which pre-date care relationships

      5. Part 5 – Prostitution

        1. Article 58: Interpretation of this Part

        2. Article 59: Loitering or soliciting for purposes of prostitution

        3. Article 60: Kerb-crawling

        4. Article 61: Persistent soliciting

        5. Exploitation of prostitution

          1. Article 62: Causing or inciting prostitution for gain

          2. Article 63: Controlling prostitution for gain

          3. Article 64: Keeping a brothel used for prostitution

      6. Part 6 – Miscellaneous sexual offences

        1. Preparatory offences

          1. Article 65: Administering a substance with intent

          2. Article 66: Committing an offence with intent to commit a sexual offence

          3. Article 67: Trespass with intent to commit a sexual offence

        2. Sex with an adult relative

          1. Article 68: Sex with an adult relative: penetration

          2. Article 69: Sex with an adult relative: consenting to penetration

        3. Other offences

          1. Article 70: Exposure

          2. Article 71: Voyeurism

          3. Article 72: Voyeurism: interpretation

          4. Article 73: Intercourse with an animal

          5. Article 74: Sexual penetration of a corpse

          6. Article 75: Sexual activity in a public lavatory

      7. Part 7 – Supplementary and general

        1. Article 76: Offences outside the United Kingdom

        2. Article 77: Exceptions to aiding, abetting or counselling

        3. Article 78: Amendments of Sexual Offences Act 2003

        4. Article 79: Amendment of the Criminal Law Act (Northern Ireland) 1967

        5. Article 80: Orders

    5. Schedules

      1. Schedule 1: Minor and consequential amendments

      2. Schedule 2: Transitional provisions and savings

      3. Schedule 3: Repeals

  8. 8.

    Impact

  9. 9.

    Contact

  • Explanatory Memorandum Table of contents

Back to top

Options/Help

Print Options

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources