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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Article 6: Assault by penetration

7.31.Article 6 covers the situation where a person (A) intentionally penetrates the vagina or anus of another person (B). The offence is committed where the penetration is by a part of A's body (for example, a finger) or anything else, (for example, a bottle); where the penetration is sexual (as defined in Article 4, so that it excludes, for example, intimate searches and medical procedures; where B does not consent to the penetration; and where A does not reasonably believe that B consents. What is said in the note to Article 5 about whether a belief in consent is reasonable also applies here. This and all subsequent offences in the Order save the offence at Article 12 can be committed by a male or female, against a male or female. Paragraph (3) provides that Articles 9 and 10 apply to this offence. Articles 9 and 10 deal with evidential and conclusive presumptions about consent.

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