Sexual Offences 2003

Question 1

What is the purpose of the sexual offences act?

Answer 1

It defines many of the offences that affect patients who are victims of sexual violence.

Question 2

What is the definition of sexual assault?

Answer 2

1. A person (A) commits an offence if:
   
   • He intentionally touches another person (B),
   • The touching is sexual,
   • B does not consent to the touching AND
   • 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.

Question 3

What is the definition of rape?

Answer 3

1. A person (A) commits an offence if:
   
   • He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis.
   • B does not consent to the penetration, AND
   • 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.

Question 4

What is the definition of the new offence “Assault by penetration”?

Answer 4

Penetration with any object to the anus or vagina.