PART 2NON-CONSENSUAL SEXUAL OFFENCES
Assault
Assault by penetration6
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
Articles 9 and 10 apply to an offence under this Article.
4
A person guilty of an offence under this Article is liable, on conviction on indictment, to imprisonment for life.
Sexual assault7
1
A person (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual,
c
B does not consent to the touching, 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
Articles 9 and 10 apply to an offence under this Article.
4
A person guilty of an offence under this Article is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.