Podcast
Questions and Answers
What does the term 'penetration' refer to in the context of sexual offences?
What does the term 'penetration' refer to in the context of sexual offences?
- A one-time act of entering someone.
- Only the act of entry without further action.
- A continuing act from entry to withdrawal. (correct)
- Any type of physical contact.
In determining whether a sexual activity is consensual, which factor is NOT required?
In determining whether a sexual activity is consensual, which factor is NOT required?
- The individual must have freedom without any constraints.
- The individual must agree by choice.
- The individual must possess the capacity to consent.
- The individual should have prior experience with similar activities. (correct)
Which statement is true regarding the concept of consent according to the Sexual Offences (NI) Order?
Which statement is true regarding the concept of consent according to the Sexual Offences (NI) Order?
- Consent can be withdrawn at any time during the activity. (correct)
- Children under 16 have the legal capacity to consent under certain conditions.
- A person can consent if they feel pressured by their peers.
- A person can consent if they are intoxicated but still aware.
What condition must be met for a person to be considered to have capacity to consent?
What condition must be met for a person to be considered to have capacity to consent?
What defines a sexual offence according to the considerations provided?
What defines a sexual offence according to the considerations provided?
Which of the following best describes what is included in the term 'touching'?
Which of the following best describes what is included in the term 'touching'?
Under the Sexual Offences (NI) Order, a child under what age does not have legal capacity to consent?
Under the Sexual Offences (NI) Order, a child under what age does not have legal capacity to consent?
Which of the following must a person reasonably believe to avoid being found guilty of rape?
Which of the following must a person reasonably believe to avoid being found guilty of rape?
What is the effective date of the Sexual Offences (NI) Order 2008 in Northern Ireland?
What is the effective date of the Sexual Offences (NI) Order 2008 in Northern Ireland?
Which part of the Sexual Offences (NI) Order 2008 specifically addresses sexual offences against children?
Which part of the Sexual Offences (NI) Order 2008 specifically addresses sexual offences against children?
What must be considered when prosecuting offences committed before 2 February 2009?
What must be considered when prosecuting offences committed before 2 February 2009?
In the context of the Sexual Offences (NI) Order 2008, who is referred to as 'A'?
In the context of the Sexual Offences (NI) Order 2008, who is referred to as 'A'?
What is included in the aim of the notes regarding the Sexual Offences (NI) Order 2008?
What is included in the aim of the notes regarding the Sexual Offences (NI) Order 2008?
What type of offences does Part 5 of the Sexual Offences (NI) Order 2008 cover?
What type of offences does Part 5 of the Sexual Offences (NI) Order 2008 cover?
What is a key focus of the classroom section outlined in the notes?
What is a key focus of the classroom section outlined in the notes?
Which of the following is NOT a category included in the Sexual Offences (NI) Order 2008?
Which of the following is NOT a category included in the Sexual Offences (NI) Order 2008?
What is one circumstance under which the relevant act is considered to be unlawful?
What is one circumstance under which the relevant act is considered to be unlawful?
Which scenario involves causing the complainant to fear for another person's safety?
Which scenario involves causing the complainant to fear for another person's safety?
What does the 'I' in the mnemonic 'AVOID' refer to?
What does the 'I' in the mnemonic 'AVOID' refer to?
In which situation is the act considered permissible?
In which situation is the act considered permissible?
How does physical disability affect the assessment of consent?
How does physical disability affect the assessment of consent?
If a complainant was drugged without their consent, what circumstance applies?
If a complainant was drugged without their consent, what circumstance applies?
Which option best describes the situation outlined in 2(b) regarding fear of violence?
Which option best describes the situation outlined in 2(b) regarding fear of violence?
What is the implication when the complainant is not able to communicate due to their physical state?
What is the implication when the complainant is not able to communicate due to their physical state?
What does paragraph (b) illustrate in relation to consent?
What does paragraph (b) illustrate in relation to consent?
Which statement is true regarding relevant acts under the Sexual Offences (NI) Order 2008?
Which statement is true regarding relevant acts under the Sexual Offences (NI) Order 2008?
What criterion must be fulfilled for a person to be convicted of assault by penetration?
What criterion must be fulfilled for a person to be convicted of assault by penetration?
How is the reasonableness of the defendant's belief regarding consent evaluated?
How is the reasonableness of the defendant's belief regarding consent evaluated?
What does the power of arrest under Article 26 PACE (NI) Order 1989 state?
What does the power of arrest under Article 26 PACE (NI) Order 1989 state?
What happens if a defendant is proven to have committed a relevant act under specific circumstances?
What happens if a defendant is proven to have committed a relevant act under specific circumstances?
Which of the following accurately describes assault by penetration?
Which of the following accurately describes assault by penetration?
In the context of the offences described, what is the primary factor in determining consent?
In the context of the offences described, what is the primary factor in determining consent?
What constitutes an offence under Article 7 of the Sexual Offences (NI) Order 2008?
What constitutes an offence under Article 7 of the Sexual Offences (NI) Order 2008?
Which of the following statements about consent is accurate according to the Sexual Offences (NI) Order 2008?
Which of the following statements about consent is accurate according to the Sexual Offences (NI) Order 2008?
In the context of Article 8 of the Sexual Offences (NI) Order 2008, what defines 'causing a person to engage in sexual activity'?
In the context of Article 8 of the Sexual Offences (NI) Order 2008, what defines 'causing a person to engage in sexual activity'?
What is the maximum penalty for a summary conviction under Article 7 of the Sexual Offences (NI) Order 2008?
What is the maximum penalty for a summary conviction under Article 7 of the Sexual Offences (NI) Order 2008?
How is 'touching' defined in the context of the Sexual Offences (NI) Order 2008?
How is 'touching' defined in the context of the Sexual Offences (NI) Order 2008?
Which of these is NOT a requirement for an offence under Article 8 of the Sexual Offences (NI) Order 2008?
Which of these is NOT a requirement for an offence under Article 8 of the Sexual Offences (NI) Order 2008?
Under Article 6, what type of penetration constitutes a relevant offense?
Under Article 6, what type of penetration constitutes a relevant offense?
What must be established regarding belief in consent under Article 8?
What must be established regarding belief in consent under Article 8?
Study Notes
Introduction
- The Sexual Offences (NI) Order 2008 came into force in Northern Ireland on February 2, 2009.
- The order does not apply to offences committed before this date.
- The order is divided into seven parts.
- The goal of these study notes is to help identify sexual offences and understand police roles when responding to such incidents.
Meaning of Terms
- Parts of a Body: includes surgically constructed parts.
- Penetration: a continuing act from entry to withdrawal.
- Image: includes moving or still images, images produced by any means, and 3D images.
- Mental Disorder: defined in Article 3 of the Mental Health (NI) Order 1986.
- Touching: contact with any part of the body, any object, or through anything, including penetration.
- Vagina: includes the vulva.
- Consent: a person freely chooses and has the capacity to do so, with both the age and understanding to agree by choice without constraint.
- Sexual: an act considered sexual by a reasonable person, due to its nature or purpose.
Non-Consensual Sexual Offences
- Rape (Article 5): intentional penetration of the vagina, anus, or mouth with a penis without consent and without the reasonable belief of consent.
- Evidential and Conclusive Presumptions: apply only to Articles 5-8 as consent is a central element of these offences.
- Relevant Act (Rape): intentional penetration of the vagina, anus, or mouth of another person with the penis.
- Power of Arrest: based on Article 26 PACE (NI) Order 1989, arrest without warrant is possible.
- Important Point to Note: Rape and rape of a child under 13 are the only gender-specific offences, requiring a male perpetrator. Other offences are gender-neutral.
- Assault by Penetration (Article 6): intentional penetration of the vagina or anus with a body part or object without consent and without the reasonable belief of consent.
- Relevant Act (Assault by Penetration): intentional penetration of the vagina or anus with a body part or object.
- Power of Arrest: based on Article 26 PACE (NI) Order 1989, arrest without warrant is possible.
- Sexual Assault (Article 7): intentional sexual touching without consent and without the reasonable belief of consent.
- Touching: includes touching with any part of the body, any object, or through anything, including penetration.
- Relevant Act (Sexual Assault): intentional touching of another person.
- Power of Arrest: based on Article 26 PACE (NI) Order 1989, arrest without warrant is possible.
- Causing a Person to Engage in Sexual Activity Without Consent (Article 8): intentionally causing another person to engage in a sexual activity without their consent and without the reasonable belief of consent.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers key aspects of the Sexual Offences (NI) Order 2008, detailing definitions and the framework established for various sexual offences in Northern Ireland. Understanding these terms and the police's roles in response is essential for comprehensive knowledge in this field.
