Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Sexual Offences (Northern Ireland) Order 2008

2008 No. 1769

7.Policy Background

The Provisions

Part 3 – Sexual offences against children

Sexual offences against children under 16

Article 17: Causing or inciting a child to engage in sexual activity

7.44. Article 17 makes it an offence for a person (A) aged 18 or over, intentionally to cause or incite a child aged under 16 to engage in sexual activity (as defined at Article 4). Where the child is aged 13 or over, but under 16, the prosecution must prove that A did not reasonably believe that he was 16 or over. The sexual activity which is caused or incited may be activity with A (for example, where A causes or incites the child to have sexual intercourse with him), on the child himself (for example, where A causes or incites the child to strip for A's sexual gratification) or with a third person (for example, where A causes or incites the child to have sexual intercourse with A's friend). The incitement constitutes an offence whether or not the activity incited actually takes place. Whether or not the child consented to the activity caused or incited, or to the incitement, is irrelevant.