Part 4Children
Older children
38Penetration and consent for the purposes of section 37
1
This section applies for the purposes of section 37.
2
Penetration is a continuing act from entry until withdrawal of whatever is intruded.
3
“Consent” means free agreement (and related expressions are to be construed accordingly).
4
Without prejudice to the generality of subsection (3), free agreement to conduct is absent in the circumstances set out in section 13(2) (references in that section to A and B being construed in accordance with section 37).
5
A person is incapable, while asleep or unconscious, of consenting to any conduct.
6
Consent to conduct does not of itself imply consent to any other conduct.
7
Consent to conduct may be withdrawn at any time before, or in the case of continuing conduct, during, the conduct.
8
If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place, or continues to take place, without consent.