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The Sexual Offences (Northern Ireland) Order 2008

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Sexual Offences (Northern Ireland) Order 2008 No. 1769

  1. Introductory Text

  2. PART 1 INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.“Consent”

    4. 4.“Sexual”

  3. PART 2 NON-CONSENSUAL SEXUAL OFFENCES

    1. Rape

      1. 5.Rape

    2. Assault

      1. 6.Assault by penetration

      2. 7.Sexual assault

    3. Causing sexual activity without consent

      1. 8.Causing a person to engage in sexual activity without consent

      2. 9.Evidential presumptions about consent

      3. 10.Conclusive presumptions about consent

      4. 11.Articles 9 and : relevant acts

  4. PART 3 SEXUAL OFFENCES AGAINST CHILDREN

    1. Rape and other offences against children under 13

      1. 12.Rape of a child under 13

    2. Assault

      1. 13.Assault of a child under 13 by penetration

      2. 14.Sexual assault of a child under 13

      3. 15.Causing or inciting a child under 13 to engage in sexual activity

    3. Sexual offences against children under 16

      1. 16.Sexual activity with a child

      2. 17.Causing or inciting a child to engage in sexual activity

      3. 18.Engaging in sexual activity in the presence of a child

      4. 19.Causing a child to watch a sexual act

      5. 20.Sexual offences against children committed by children or young persons

      6. 21.Arranging or facilitating commission of a sex offence against a child

      7. 22.Meeting a child following sexual grooming etc.

    4. Offences against children under 18: abuse of position of trust

      1. 23.Abuse of position of trust: sexual activity with a child

      2. 24.Abuse of position of trust: causing or inciting a child to engage in sexual activity

      3. 25.Abuse of position of trust: sexual activity in the presence of a child

      4. 26.Abuse of position of trust: causing a child to watch a sexual act

      5. 27.Abuse of position of trust: acts done in England and Wales or Scotland

      6. 28.Positions of trust

      7. 29.Positions of trust: interpretation

      8. 30.Articles 23 to : exception for spouses and civil partners

      9. 31.Articles 23 to 26: sexual relationships which pre-date position of trust

    5. Familial sex offences against children under 18

      1. 32.Sexual activity with a child family member

      2. 33.Inciting a child family member to engage in sexual activity

      3. 34.Family relationships

      4. 35.Articles 32 and 33: exception for spouses and civil partners

      5. 36.Articles 32 and 33: sexual relationships which pre-date family relationships

    6. Abuse of children under 18 through prostitution and pornography

      1. 37.Paying for sexual services of a child

      2. 38.Causing or inciting child prostitution or pornography

      3. 39.Controlling a child prostitute or a child involved in pornography

      4. 40.Arranging or facilitating child prostitution or pornography

      5. 41.Articles 38 to : interpretation

    7. Indecent photographs of children under 18

      1. 42.Indecent photographs of persons aged 16 or 17

  5. PART 4 SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER

    1. Offences against persons with a mental disorder impeding choice

      1. 43.Sexual activity with a person with a mental disorder impeding choice

      2. 44.Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity

      3. 45.Engaging in sexual activity in the presence of a person with a mental disorder impeding choice

      4. 46.Causing a person, with a mental disorder impeding choice, to watch a sexual act

    2. Inducements etc. to persons with a mental disorder

      1. 47.Inducement, threat or deception to procure sexual activity with a person with a mental disorder

      2. 48.Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception

      3. 49.Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder

      4. 50.Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

    3. Care workers for persons with a mental disorder

      1. 51.Care workers: sexual activity with a person with a mental disorder

      2. 52.Care workers: causing or inciting sexual activity

      3. 53.Care workers: sexual activity in the presence of a person with a mental disorder

      4. 54.Care workers: causing a person with a mental disorder to watch a sexual act

      5. 55.Care workers: interpretation

      6. 56.Articles 51 to : exception for spouses and civil partners

      7. 57.Articles 51 to : sexual relationships which pre-date care relationships

  6. PART 5 PROSTITUTION

    1. 58.Interpretation of this Part

    2. 59.Loitering or soliciting for purposes of prostitution

    3. 60.Kerb-crawling

    4. 61.Persistent soliciting

    5. Exploitation of prostitution

      1. 62.Causing or inciting prostitution for gain

      2. 63.Controlling prostitution for gain

      3. 64.Keeping a brothel used for prostitution

  7. PART 6 MISCELLANEOUS SEXUAL OFFENCES

    1. Preparatory offences

      1. 65.Administering a substance with intent

      2. 66.Committing an offence with intent to commit a sexual offence

      3. 67.Trespass with intent to commit a sexual offence

    2. Sex with an adult relative

      1. 68.Sex with an adult relative: penetration

      2. 69.Sex with an adult relative: consenting to penetration

    3. Other offences

      1. 70.Exposure

      2. 71.Voyeurism

      3. 72.Voyeurism: interpretation

      4. 73.Intercourse with an animal

      5. 74.Sexual penetration of a corpse

      6. 75.Sexual activity in a public lavatory

  8. PART 7 SUPPLEMENTARY AND GENERAL

    1. 76.Offences outside the United Kingdom

    2. 77.Exceptions to aiding, abetting and counselling

    3. 78.Amendments of the Sexual Offences Act 2003

    4. 79.Amendment of the Criminal Law Act (Northern Ireland) 1967

    5. 80.Orders

    6. 81.Minor and consequential amendments

    7. 82.Supplementary, consequential, transitional and transitory provision

    8. 83.Repeals

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Minor and consequential amendments

      1. Belfast Improvement Act 1845 (c. cxlii)

        1. 1.(1) Section 167 of the Belfast Improvement Act 1845 is...

      2. Town Police Clauses Act 1847 (c. 89)

        1. 2.(1) Section 28 of the Town Police Clauses Act 1847...

      3. Towns Improvement (Ireland) Act 1854 (c. 103)

        1. 3.(1) Section 72 of the Towns Improvement (Ireland) Act 1854...

      4. Offences Against the Person Act 1861 (c. 100)

        1. 4.In the Offences Against the Person Act 1861, omit—

      5. Criminal Law Amendment Act 1885 (c. 69)

        1. 5.In the Criminal Law Amendment Act 1885 omit—

      6. Punishment of Incest Act 1908 (c. 45)

        1. 6.In the Punishment of Incest Act 1908 omit—

      7. Criminal Law Amendment Act (Northern Ireland) 1923 (c. 8)

        1. 7.(1) The Criminal Law Amendment Act (Northern Ireland) 1923 is...

      8. Criminal Law and Prevention of Crime (Amendment) Act (Northern Ireland) 1930 (c. 3)

        1. 8.(1) The Criminal Law and Prevention of Crime (Amendment) Act...

      9. Age of Marriage Act (Northern Ireland) 1951 (c. 25)

        1. 9.In the Age of Marriage Act (Northern Ireland) 1951, omit...

      10. Visiting Forces Act 1952 (c. 67)

        1. 10.(1) The Visiting Forces Act 1952 is amended as follows....

      11. Attempted Rape, etc., Act (Northern Ireland) 1960 (c. 3)

        1. 11.In the Attempted Rape, etc., Act (Northern Ireland) 1960, omit...

      12. Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

        1. 12.(1) The Children and Young Persons Act (Northern Ireland) 1968...

      13. Theft Act (Northern Ireland) 1969 (c. 16)

        1. 13.(1) The Theft Act (Northern Ireland) 1969 is amended as...

      14. Criminal Justice (Northern Ireland) Order 1980 (NI 6)

        1. 14.In the Criminal Justice (Northern Ireland) Order 1980, omit Article...

      15. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

        1. 15.In Schedule 2 to the Magistrates' Courts (Northern Ireland) Order...

      16. Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13)

        1. 16.(1) The Criminal Attempts and Conspiracy (Northern Ireland) Order 1983...

      17. Mental Health (Northern Ireland) Order 1986 (NI 4)

        1. 17.In the Mental Health (Northern Ireland) Order 1986, omit—

      18. Criminal Justice (Northern Ireland) Order 1986 (NI 15)

        1. 18.In the Criminal Justice (Northern Ireland) Order 1986, omit paragraph...

      19. Adoption (Northern Ireland) Order 1987 (NI 22)

        1. 19.In Article 47(1) of the Adoption (Northern Ireland) Order 1987...

      20. Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

        1. 20.(1) Schedule 2 to the Police and Criminal Evidence (Northern...

      21. Treatment of Offenders (Northern Ireland) Order 1989 (NI 15)

        1. 21.In the Treatment of Offenders (Northern Ireland) Order 1989, omit...

      22. Sexual Offences (Amendment) Act 1992 (c. 34)

        1. 22.(1) The Sexual Offences (Amendment) Act 1992 is amended as...

      23. Health and Personal Social Services (Northern Ireland) Order 1994 (NI 2)

        1. 23.In Schedule 1 to the Health and Personal Social Services...

      24. Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

        1. 24.(1) Paragraph 2 of the Schedule to the Sexual Offences...

      25. Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

        1. 25.In Article 13(5)(b) of the Industrial Tribunals (Northern Ireland) Order...

      26. Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)

        1. 26.In paragraph 1 of Schedule 1 to the Criminal Justice...

      27. Criminal Evidence (Northern Ireland) Order 1999 (NI 8)

        1. 27.(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended...

      28. Criminal Justice and Court Services Act 2000 (c. 43)

        1. 28.In the Criminal Justice and Court Services Act 2000, omit...

      29. Proceeds of Crime Act 2002 (c. 29)

        1. 29.(1) Paragraph 8 of Schedule 5 to the Proceeds of...

      30. Criminal Justice Act 2003 (c. 44)

        1. 30.The Criminal Justice Act 2003 is amended as follows.

        2. 31.(1) Part 2 of Schedule 5 (qualifying offences for the...

      31. Criminal Justice (Northern Ireland) Order 2003 (NI 13)

        1. 32.In the Criminal Justice (Northern Ireland) Order 2003—

      32. Criminal Justice (Northern Ireland) Order 2004 (NI 9)

        1. 33.(1) Schedule 4 to the Criminal Justice (Northern Ireland) Order...

      33. Firearms (Northern Ireland) Order 2004 (NI 3)

        1. 34.(1) Schedule 4 to the Firearms (Northern Ireland) Order 2004...

      34. Criminal Justice (Northern Ireland) Order 2008 (NI )

        1. 35.(1) The Criminal Justice (Northern Ireland) Order 2008 is amended...

    2. SCHEDULE 2

      Transitional and Transitory Provisions

      1. Continuity of sexual offences law

        1. 1.(1) This paragraph applies where, in any proceedings—

      2. Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4)

        1. 2.(1) Until Article 60 of, and Schedule 8 to, the...

    3. SCHEDULE 3

      Repeals

  11. Explanatory Note

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