Chapter 8 - Rape and other sexual offences

Rape — Article 5 Sexual Offences (NI) Order 2008

A commits an offence if:
(a) A intentionally penetrates the vagina, anus or mouth of B with his penis;
(b) B does not consent;
(c) A does not reasonably believe B consents.

Actus Reus

• Penile penetration only (must be penis – excludes objects/body parts)

• Penetration of vagina, anus, or mouth

• Penetration is a continuing act (entry → withdrawal)

• No consent by B

Mens Rea

• Intention to penetrate

• No reasonable belief in consent

  • Objective test: all circumstances + steps taken to check consent

Key Differentiators

• Only offence requiring penis

• Most serious non-fatal sexual offence

• Gender-neutral victims; principal offender must have a penis (including surgically constructed)

Assault by Penetration — Article 6 Sexual Offences (NI) Order 2008

A commits an offence if:
(a) A intentionally penetrates B’s vagina or anus with a part of his body or anything else;
(b) The penetration is sexual;
(c) B does not consent;
(d) A does not reasonably believe B consents.

Actus Reus

• Penetration of vagina or anus

• Any body part or object (NOT penis-only)

• Penetration must be sexual

• No consent

Mens Rea

• Intention to penetrate

• No reasonable belief in consent

Key Differentiators

• Covers non-penile penetration

• Same seriousness as rape

• Mouth excluded (unlike rape)

Sexual Assault — Article 7 Sexual Offences (NI) Order 2008

Statutory wording (core):
A commits an offence if:
(a) A intentionally touches B;
(b) The touching is sexual;
(c) B does not consent;
(d) A does not reasonably believe B consents.

Actus Reus

• Touching (no penetration required)

• Touching must be sexual

• No consent

Mens Rea

• Intention to touch

• No reasonable belief in consent

Key Differentiators

• Lowest physical threshold

• Covers groping, kissing, rubbing, etc.

• Often charged where penetration cannot be proved

Causing a Person to Engage in Sexual Activity Without Consent — Article 8 Sexual Offences (NI) Order 2008

A commits an offence if:
(a) A intentionally causes B to engage in an activity;
(b) The activity is sexual;
(c) B does not consent;
(d) A does not reasonably believe B consents.

Actus Reus

• Causing (not necessarily physical contact by A)

• Activity is sexual

• No consent

Mens Rea

• Intention to cause the activity

• No reasonable belief in consent

Key Differentiators

• B may perform sexual acts on themselves or others

• Covers coercion, manipulation, online exploitation

• Can escalate to life sentence if penetration involved

Rape of a Child Under 13 — Article 12 Sexual Offences (NI) Order 2008

Actus Reus

• Penile penetration of vagina, anus, or mouth

• Victim under 13

Mens Rea

• Intention to penetrate

• NO requirement of consent

• Strict liability as to age

Key Differentiators

• Consent legally irrelevant

• Age alone triggers offence

Assault of a Child Under 13 by Penetration — Article 13

Actus Reus

• Penetration of vagina or anus

• With body part or object

• Victim under 13

Mens Rea

• Intention to penetrate

• No consent issue

Key Differentiators

• Non-penile penetration

• Strict liability as to age

Sexual Assault of a Child Under 13 — Article 14

Actus Reus

• Sexual touching

• Victim under 13

Mens Rea

• Intention to touch

• No consent issue

Key Differentiators

• Touching only

• Dual mode of trial

Maximum Sentence

• Summary: 6 months

• Indictment: 14 years

Causing or Inciting a Child Under 13 to Engage in Sexual Activity — Article 15

Actus Reus

• Causing or inciting sexual activity

• Victim under 13

Mens Rea

• Intention to cause or incite

• Consent irrelevant

Key Differentiators

• Includes encouragement, not just causation

• Life sentence where penetration involved

Maximum Sentence

• Life (penetrative cases)

• Otherwise up to 14 years

Sexual Activity with a Child — Article 16 Sexual Offences (NI) Order 2008

A commits an offence if:
(a) A is aged 18 or over;
(b) A intentionally touches another person (B);
(c) The touching is sexual;
(d) B is under 16;
(e) A does not reasonably believe that B is 16 or over.

Actus Reus

• Sexual touching

• Victim aged 13–15

• Accused aged 18+

Mens Rea

• Intention to touch

• No reasonable belief that B is 16 or over

Key Differentiators

• Consent irrelevant

• Defence depends on reasonable belief as to age

• Applies even to apparently consensual relationships

Causing or Inciting a Child to Engage in Sexual Activity — Article 17 Sexual Offences (NI) Order 2008

A commits an offence if:
(a) A intentionally causes or incites B to engage in sexual activity;
(b) B is under 16;
(c) A does not reasonably believe B is 16 or over.

Actus Reus

• Causing or inciting sexual activity

• Victim aged 13–15

Mens Rea

• Intention to cause/incite

• No reasonable belief as to age

Key Differentiators

• Covers encouragement, persuasion, pressure

• No physical contact required by A

• Life sentence possible if penetration involved

Sexual Activity in the Presence of a Child — Article 18 Sexual Offences (NI) Order 2008

Actus Reus

• A intentionally engages in sexual activity

• Activity is for sexual gratification

• Child under 16 is present

• A intends the child to see or hear the activity

Mens Rea

• Intention as to sexual activity

• Knowledge or recklessness as to child’s presence

Key Differentiators

• No touching of the child required

• Focus on exposure and exploitation

• Consent irrelevant

Causing a Child to Watch a Sexual Act — Article 19 Sexual Offences (NI) Order 2008

Actus Reus

• A intentionally causes B to watch a sexual act

• B is under 16

• Act is for sexual gratification

Mens Rea

• Intention to cause viewing

• No reasonable belief B is 16+

Key Differentiators

• Includes forcing child to watch pornography

• Strong overlap with grooming behaviour

Arranging or Facilitating Sexual Offences Against a Child — Article 20 Sexual Offences (NI) Order 2008

Actus Reus

• A arranges or facilitates commission of a sexual offence

• Intended victim under 16

Mens Rea

• Intention to arrange or facilitate

• Knowledge or recklessness as to age

Key Differentiators

• Covers grooming and preparatory conduct

• Offence complete before any sexual activity occurs