Part 1

Sexual Offences

Causing sexual activity without consent

Causing a person to engage in sexual activity without consent
4
1
A person (A) commits an offence if—
a
he intentionally causes another person (B) to engage in an activity,
b
the activity is sexual,
c
B does not consent to engaging in the activity, 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, if the activity caused involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
5
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.