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Draft Order in Council laid before Parliament under section 85 of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2008 No. (N.I. )

NORTHERN IRELAND

The Sexual Offences (Northern Ireland) Order 2008

Made

2008

Coming into operation in accordance with Article 1(2) and (3)

CONTENTS

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Title and commencement

    2. 2. Interpretation

    3. 3. “Consent”

    4. 4. “Sexual”

  2. 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 10: relevant acts

  3. 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 26: 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 40: interpretation

    7. Indecent photographs of children under 18

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

  4. 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 54: exception for spouses and civil partners

      7. 57. Articles 51 to 54: sexual relationships which pre-date care relationships

  5. 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

    2. 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

  6. 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

  7. 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

  8. SCHEDULES

    1. SCHEDULE 1

      Minor and consequential amendments

    2. SCHEDULE 2

      Transitional and Transitory Provisions

    3. SCHEDULE 3

      Repeals

Go to Explanatory Note

At the Court at Buckingham Palace, the ** day of ** 2008

Present,

The Queen’s Most Excellent Majesty in Council

Whereas—

(a) the Secretary of State, in accordance with subsection (4)(a) of section 85 of the Northern Ireland Act 1998 (c. 47), laid before Parliament a document which contained a draft of this proposed Order;

(b) the Secretary of State referred the document to the Northern Ireland Assembly for its consideration;

(c) the period referred to in subsection (4)(c) of that section has ended; and

(d) a draft of this Order has been approved by resolution of each House of Parliament:

Now therefore, Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

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