Sexual Offences (NI) Order 2008 Overview
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Questions and Answers

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?

  • 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?

  • Consent can be withdrawn at any time during the activity.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?

    <p>They must have the mental ability to understand the act.</p> Signup and view all the answers

    What defines a sexual offence according to the considerations provided?

    <p>Activity considered sexual by a reasonable person's perspective.</p> Signup and view all the answers

    Which of the following best describes what is included in the term 'touching'?

    <p>Touching with any part of the body or object, including penetration.</p> Signup and view all the answers

    Under the Sexual Offences (NI) Order, a child under what age does not have legal capacity to consent?

    <p>Under 13 years.</p> Signup and view all the answers

    Which of the following must a person reasonably believe to avoid being found guilty of rape?

    <p>That the other person is consenting to the penetration.</p> Signup and view all the answers

    What is the effective date of the Sexual Offences (NI) Order 2008 in Northern Ireland?

    <p>2 February 2009</p> Signup and view all the answers

    Which part of the Sexual Offences (NI) Order 2008 specifically addresses sexual offences against children?

    <p>Part 3</p> Signup and view all the answers

    What must be considered when prosecuting offences committed before 2 February 2009?

    <p>Legislation that was in force at the time of the offence</p> Signup and view all the answers

    In the context of the Sexual Offences (NI) Order 2008, who is referred to as 'A'?

    <p>The offender</p> Signup and view all the answers

    What is included in the aim of the notes regarding the Sexual Offences (NI) Order 2008?

    <p>Identifying various sexual offences</p> Signup and view all the answers

    What type of offences does Part 5 of the Sexual Offences (NI) Order 2008 cover?

    <p>Prostitution offences</p> Signup and view all the answers

    What is a key focus of the classroom section outlined in the notes?

    <p>Police response to reports of sexual offences</p> Signup and view all the answers

    Which of the following is NOT a category included in the Sexual Offences (NI) Order 2008?

    <p>Sexual harassment in public places</p> Signup and view all the answers

    What is one circumstance under which the relevant act is considered to be unlawful?

    <p>The complainant was asleep or otherwise unconscious.</p> Signup and view all the answers

    Which scenario involves causing the complainant to fear for another person's safety?

    <p>Any person was causing fear that violence would be used against another person.</p> Signup and view all the answers

    What does the 'I' in the mnemonic 'AVOID' refer to?

    <p>Unlawful detention of the complainant.</p> Signup and view all the answers

    In which situation is the act considered permissible?

    <p>None of the above.</p> Signup and view all the answers

    How does physical disability affect the assessment of consent?

    <p>It can prevent the complainant from effectively communicating whether they consented.</p> Signup and view all the answers

    If a complainant was drugged without their consent, what circumstance applies?

    <p>The complainant was incapacitated due to the drug.</p> Signup and view all the answers

    Which option best describes the situation outlined in 2(b) regarding fear of violence?

    <p>The complainant feared violence against another person.</p> Signup and view all the answers

    What is the implication when the complainant is not able to communicate due to their physical state?

    <p>Consent cannot be presumed.</p> Signup and view all the answers

    What does paragraph (b) illustrate in relation to consent?

    <p>Impersonation can lead to a false sense of consent.</p> Signup and view all the answers

    Which statement is true regarding relevant acts under the Sexual Offences (NI) Order 2008?

    <p>Only a man can commit the offence of rape.</p> Signup and view all the answers

    What criterion must be fulfilled for a person to be convicted of assault by penetration?

    <p>The penetration must be sexual and without the complainant's consent.</p> Signup and view all the answers

    How is the reasonableness of the defendant's belief regarding consent evaluated?

    <p>By considering any steps the defendant took to ascertain consent.</p> Signup and view all the answers

    What does the power of arrest under Article 26 PACE (NI) Order 1989 state?

    <p>Necessary criteria must be met for an arrest without a warrant.</p> Signup and view all the answers

    What happens if a defendant is proven to have committed a relevant act under specific circumstances?

    <p>It is concluded the complainant did not consent.</p> Signup and view all the answers

    Which of the following accurately describes assault by penetration?

    <p>It involves penetration by any part of the body or object.</p> Signup and view all the answers

    In the context of the offences described, what is the primary factor in determining consent?

    <p>The complainant's clear and voluntary agreement.</p> Signup and view all the answers

    What constitutes an offence under Article 7 of the Sexual Offences (NI) Order 2008?

    <p>Touching another person intentionally where the touching is sexual</p> Signup and view all the answers

    Which of the following statements about consent is accurate according to the Sexual Offences (NI) Order 2008?

    <p>Consent applies equally to both touching and penetration offences.</p> Signup and view all the answers

    In the context of Article 8 of the Sexual Offences (NI) Order 2008, what defines 'causing a person to engage in sexual activity'?

    <p>Encouraging someone to engage in sexual activity through manipulation</p> Signup and view all the answers

    What is the maximum penalty for a summary conviction under Article 7 of the Sexual Offences (NI) Order 2008?

    <p>6 months imprisonment or a fine</p> Signup and view all the answers

    How is 'touching' defined in the context of the Sexual Offences (NI) Order 2008?

    <p>Any non-consensual act of physical contact</p> Signup and view all the answers

    Which of these is NOT a requirement for an offence under Article 8 of the Sexual Offences (NI) Order 2008?

    <p>The person must be physically forced to engage in the activity</p> Signup and view all the answers

    Under Article 6, what type of penetration constitutes a relevant offense?

    <p>Penetration by any part of the body or with an object</p> Signup and view all the answers

    What must be established regarding belief in consent under Article 8?

    <p>The belief must be based on reasonable grounds</p> Signup and view all the answers

    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.

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    Related Documents

    Public Protection and Safety: Sexual Offences (NI) Order 2008 PDF

    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.

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