Section 4 Causing 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.