# The Sexual Offences (Northern Ireland) Order 2008, Article 5: Rape


(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) 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) Articles 9 and 10 apply to an offence under this Article.
(4) A person guilty of an offence under this Article is liable, on conviction on indictment, to imprisonment for life.
(5) Any reference to rape in a statutory provision shall be construed in accordance with paragraph (1).
(6) The common law offence of rape is abolished.

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Source: https://www.legislation.gov.uk/ukdsi/2008/9780110800936/article/5 (the official version)
Page: https://openlegislation.uk/draft-sexual-offences-northern-ireland-order-2008/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

