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The Sexual Offences (Northern Ireland) Order 2008

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Sexual assaultN.I.

This section has no associated Explanatory Memorandum

7.—(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.

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