Explanatory Memorandum

Sexual Offences (Northern Ireland) Order 2008

2008 No. 1769

7.Policy Background

The Provisions

Part 1 – Introductory
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.