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Sexual Offences Act 2003
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Sexual Offences Act 2003, Section 76 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 76:
- s. 103C(4B) inserted by 2022 c. 32 s. 178(7)(b)
- s. 103E(5C)(5D) inserted by 2022 c. 32 s. 178(8)
- s. 103F(3B) inserted by 2022 c. 32 s. 178(9)(a)
- s. 103FA 103FB inserted by 2022 c. 32 s. 178(10)
- s. 108(9) inserted by 2011 c. 18 s. 17(2)
- s. 122A(8A) inserted by 2022 c. 32 s. 178(11)(a)
- s. 122A(9B) inserted by 2022 c. 32 s. 178(11)(b)
- s. 122D(4C)(4D) inserted by 2022 c. 32 s. 178(12)
- s. 122E(3B) inserted by 2022 c. 32 s. 178(13)(a)
- s. 122EA 122EB inserted by 2022 c. 32 s. 178(14)
- s. 136ZA(3) inserted by 2022 c. 32 s. 178(15)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 103C(4B) inserted by 2022 c. 32 s. 178(7)(b)
- s. 103E(5C)(5D) inserted by 2022 c. 32 s. 178(8)
- s. 103F(3B) inserted by 2022 c. 32 s. 178(9)(a)
- s. 103FA 103FB inserted by 2022 c. 32 s. 178(10)
- s. 108(9) inserted by 2011 c. 18 s. 17(2)
- s. 122A(8A) inserted by 2022 c. 32 s. 178(11)(a)
- s. 122A(9B) inserted by 2022 c. 32 s. 178(11)(b)
- s. 122D(4C)(4D) inserted by 2022 c. 32 s. 178(12)
- s. 122E(3B) inserted by 2022 c. 32 s. 178(13)(a)
- s. 122EA 122EB inserted by 2022 c. 32 s. 178(14)
- s. 136ZA(3) inserted by 2022 c. 32 s. 178(15)
76Conclusive presumptions about consentE+W
This section has no associated Explanatory Notes
(1)If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
(a)that the complainant did not consent to the relevant act, and
(b)that the defendant did not believe that the complainant consented to the relevant act.
(2)The circumstances are that—
(a)the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
(b)the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
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