Rape & Sexual Offences

The law on sexual offences was updated and consolidated in 2008 by the Sexual Offences (NI) Order 2008.

Rape is committed if a person intentionally penetrates the vagina, anus, or mouth of another person with their penis, and that other person does not consent, and the former does not reasonably believe that the latter consents. The question of whether the belief is reasonable is to be determined having regard to all circumstances, including what steps the former person has taken to ascertain the latter’s consent. A person guilty of rape is liable, upon conviction or indictment, to imprisonment for life.

Assault by penetration occurs if a person intentionally penetrates the vagina or anus of another person with any part of their body or any object, and if the penetration is sexual, and the latter does not consent, nor does the former reasonably believe that they consent.

Sexual assault is committed if a person intentionally touches another person, and if the touching is sexual, and the latter does not consent, nor does the former reasonably believe that the latter consents.

In the case of assault by penetration, imprisonment upon indictment may be up to life. In the case of sexual assault, a person is liable, upon summary conviction, to imprisonment for up to six years or a statutory maximum fine, or, upon conviction or indictment, to imprisonment for up to 10 years.

It is an offence to intentionally cause another person to engage in a sexual activity if the other person does not consent, and the former does not reasonably believe that the latter consents. If the activity involves penetration of the latter’s anus, vagina, or mouth with the person’s penis or the penetration of a person’s anus or vagina with any part of the latter’s body or any object, or the penetration of a person’s mouth by the latter’s penis, the person is liable, upon conviction or indictment, to imprisonment for up to life.

In the case of other sexual activity, a person is liable, upon summary conviction, to imprisonment for up to six months or a statutory maximum fine, or both, or, upon indictment, to imprisonment for up to 10 years.

In the case of the above offence, it is presumed that the person did not consent to the act, and the defendant did not reasonably believe that the complainant consented if the following circumstances apply and the defendant knew those circumstances existed:

• The person was using violence against the complainant or causing the complainant to fear that immediate violence would be used.
• The person was causing the complainant to fear violence being used, or immediate violence being used, against another person.
• The complainant was asleep or otherwise unconscious at the time of the act.
• Due to the complainant’s physical disability, the complainant would not have been able to communicate with the defendant whether they consented.
• The person administered or caused the complainant to take a substance, without the complainant’s consent, which, having regard to when it was administered, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the act.

If the accused did the act in any of the circumstances mentioned above, it is assumed that the person did not consent to the act, and the defendant did not believe that the complainant consented. These circumstances include if the defendant intentionally deceived the complainant as to the nature or purpose of the act, or if the defendant intentionally induced the complainant to consent to the act by impersonating a person known to the complainant.