Part 4Children

Older children

38Penetration and consent for the purposes of section 37

1

This section applies for the purposes of section 37.

2

Penetration is a continuing act from entry until withdrawal of whatever is intruded.

3

Consent” means free agreement (and related expressions are to be construed accordingly).

4

Without prejudice to the generality of subsection (3), free agreement to conduct is absent in the circumstances set out in section 13(2) (references in that section to A and B being construed in accordance with section 37).

5

A person is incapable, while asleep or unconscious, of consenting to any conduct.

6

Consent to conduct does not of itself imply consent to any other conduct.

7

Consent to conduct may be withdrawn at any time before, or in the case of continuing conduct, during, the conduct.

8

If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place, or continues to take place, without consent.