assault by penetration

assault by penetration

a person (A) commits an offence if he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, the penetration is sexual, B does not consent to the penetration, and A does not reasonably believe that B consents. 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. Where B is under 13 there is a separate analogous offence but consent is no defence at all (Sexual Offences Act 2003). If the penis is used see RAPE; if there is no penetration, see SEXUAL OFfENCE. See also CAUSING SEXUAL ACTIVITY WITHOUT CONSENT.
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