Part 1Sexual Offences

Assault

2Assault by penetration

1

A person (A) commits an offence if—

a

he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

b

the penetration is sexual,

c

B does not consent to the penetration, and

d

A does not reasonably believe that B consents.

2

Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

3

Sections 75 and 76 apply to an offence under this section.

4

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.