Part 1Sexual Offences
Causing sexual activity without consent
4Causing a person to engage in sexual activity without consent
(1)
A person (A) commits an offence if—
(a)
he intentionally causes another person (B) to engage in an activity,
(b)
the activity is sexual,
(c)
B does not consent to engaging in the activity, and
(d)
A does not reasonably believe that B consents.
(2)
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3)
Sections 75 and 76 apply to an offence under this section.
(4)
A person guilty of an offence under this section, if the activity caused involved—
(a)
penetration of B’s anus or vagina,
(b)
penetration of B’s mouth with a person’s penis,
(c)
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d)
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
(5)
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 10 years.