- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Sexual Offences (Northern Ireland) Order 2008 No. 1769
51.—(1) A person (A) commits an offence if—
(a)he intentionally touches another person (B),
(b)the touching is sexual,
(c)B has a mental disorder,
(d)A knows or could reasonably be expected to know that B has a mental disorder, and
(e)A is involved in B’s care in a way that falls within Article .
(2) Where in proceedings for an offence under this Article it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
(3) A person guilty of an offence under this Article, if the touching involved—
(a)penetration of B’s anus or vagina with a part of A’s body or anything else,
(b)penetration of B’s mouth with A’s penis,
(c)penetration of A’s anus or vagina with a part of B’s body, or
(d)penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(4) Unless paragraph (3) applies, 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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