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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Article 74: Sexual penetration of a corpse

7.148.Article 74 makes it an offence for a person (A) intentionally to penetrate any part of the body of a dead person (B) with his penis, any other body part (for example his finger), or any other object, where that penetration is sexual. The offence is committed when A knows or is reckless as to whether he is penetrating any part of a dead body. This is intended to cover when A knows he is penetrating a dead body, for example in a mortuary, or where A is reckless as to whether B is alive or dead. It will not cover situations where A penetrates B fully believing B to be alive, but in fact B is dead, or where B unexpectedly dies during intercourse. The penetration must be sexual. A definition of sexual is given in Article 4. This is to exclude legitimate penetration of corpses, for example that which occurs during an autopsy.

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