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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Article 3: “Consent”

7.26.Article 3 defines “consent” for the purposes of this Order. This definition is relevant to many Articles in the Order including, for example, the offence of rape (Article 5). The Article refers to a person’s capacity to make a choice. A person might not have sufficient capacity because of his age or because of a mental disorder.

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