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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

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

7.33.Article 8 makes it an offence for a person (A) intentionally to cause another person (B) to engage in sexual activity (as defined in Article 4) without that person's consent, if he 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. A may cause B to engage in sexual activity with A (for example, a woman who compels a man to penetrate her); on B himself (for example, where one person forces someone else to masturbate himself); or with another person (for example, where one person makes someone else masturbate a third person). 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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