Sexual offences in Northern Ireland law
There are a number of sexual offences under the law of Northern Ireland.
Common features
[edit]General interpretation
Consent
As to the meaning of consent, see article 3 of the Sexual Offences (Northern Ireland) Order 2008. As to evidential and conclusive presumptions about consent, see articles 9 to 11 of that Order.
"Sexual"
As to the meaning of "sexual", see article 4 of the Sexual Offences (Northern Ireland) Order 2008.
Touching
As to touching, see article 2(11) of the Sexual Offences (Northern Ireland) Order 2008.
Abolition of presumption of sexual incapacity
As to the abolition of the presumption of sexual incapacity, see article 23 of the Criminal Justice (Northern Ireland) Order 2003 (SI 2003/1247) (NI 13).
Notification requirements
As to notification requirements, see sections 80 to 85, 85A, 86 to 88, 89 to 91, 92 and 93 of the Sexual Offences Act 2003, and section 4 of the Criminal Justice Act (Northern Ireland) 2013.
Orders
As to sexual offences prevention orders, see sections 104, 106 to 110, and 113 of the Sexual Offences Act 2003. As to risk of sexual harm orders, see sections 123 to 129 of the Sexual Offences Act 2003.
Anonymity of victims
As to anonymity of victims, see the Sexual Offences (Amendment) Act 1992, as amended by Schedule 2 to the Youth Justice and Criminal Evidence Act 1999. Those amendments supersede provisions, relating to anonymity of victims, in articles 6 and 7 of the Sexual Offences (Northern Ireland) Order 1978 (NI 5)[1] and in Part III of the Criminal Justice (Northern Ireland) Order 1994 [that is to say, articles 18 to 24].
Rape
[edit]- Rape, contrary to article 5 of the Sexual Offences (Northern Ireland) Order 2008
Assault
[edit]- Assault by penetration, contrary to article 6 of the Sexual Offences (Northern Ireland) Order 2008
- Sexual assault, contrary to article 7 of the Sexual Offences (Northern Ireland) Order 2008
Sexual activity without consent
[edit]- Causing a person to engage in sexual activity without consent, contrary to article 8 of the Sexual Offences (Northern Ireland) Order 2008
Offences against children
[edit]Offences against children under 13
[edit]- Rape of a child under 13, contrary to article 12 of the Sexual Offences (Northern Ireland) Order 2008
- Assault of a child under 13 by penetration, contrary to article 13 of the Sexual Offences (Northern Ireland) Order 2008
- Sexual assault of a child under 13, contrary to article 14 of the Sexual Offences (Northern Ireland) Order 2008
- Causing or inciting a child under 13 to engage in sexual activity, contrary to article 15 of the Sexual Offences (Northern Ireland) Order 2008
Offences against children under 16
[edit]- Sexual activity with a child, contrary to article 16 of the Sexual Offences (Northern Ireland) Order 2008
- Causing or inciting a child to engage in sexual activity, contrary to article 17 of the Sexual Offences (Northern Ireland) Order 2008
- Engaging in sexual activity in the presence of a child, contrary to article 18 of the Sexual Offences (Northern Ireland) Order 2008
- Causing a child to watch a sexual act, contrary to article 19 of the Sexual Offences (Northern Ireland) Order 2008
- Sexual offences against children committed by children or young persons, contrary to article 20 of the Sexual Offences (Northern Ireland) Order 2008
- Arranging or facilitating commission of a sex offence against a child, contrary to article 21 of the Sexual Offences (Northern Ireland) Order 2008
- Meeting a child following sexual grooming etc., contrary to article 22 of the Sexual Offences (Northern Ireland) Order 2008
- Sexual communication with a child, contrary to article 22A of the Sexual Offences (Northern Ireland) Order 2008, as inserted by section 90(1) of the Justice Act (Northern Ireland) 2015 (c 9) (NI)
Abuse of position of trust
[edit]- Abuse of position of trust: sexual activity with a child, contrary to article 23 of the Sexual Offences (Northern Ireland) Order 2008
- Abuse of position of trust: causing or inciting a child to engage in sexual activity, contrary to article 24 of the Sexual Offences (Northern Ireland) Order 2008
- Abuse of position of trust: sexual activity in the presence of a child, contrary to article 25 of the Sexual Offences (Northern Ireland) Order 2008
- Abuse of position of trust: causing a child to watch a sexual act, contrary to article 26 of the Sexual Offences (Northern Ireland) Order 2008
Offences against child family members
[edit]- Sexual activity with a child family member, contrary to article 32 of the Sexual Offences (Northern Ireland) Order 2008
- Inciting a child family member to engage in sexual activity, contrary to article 33 of the Sexual Offences (Northern Ireland) Order 2008
Child prostitution and pornography
[edit]- Paying for sexual services of a child, contrary to article 37 of the Sexual Offences (Northern Ireland) Order 2008
- Causing or inciting child prostitution or pornography, contrary to article 38 of the Sexual Offences (Northern Ireland) Order 2008
- Controlling a child prostitute or a child involved in pornography, contrary to article 39 of the Sexual Offences (Northern Ireland) Order 2008
- Arranging or facilitating child prostitution or pornography, contrary to article 40 of the Sexual Offences (Northern Ireland) Order 2008
Indecent photographs
[edit]- Offences relating to indecent photographs of children under article 3 of the Protection of Children (Northern Ireland) Order 1978 (SI 1978/1047) (NI 17)[2]
- Possession of indecent photograph of child, contrary to article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (SI 1988/1847) (NI 17).
The Protection of Children (Northern Ireland) Order 1978 and the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 were amended, in relation to indecent photographs of persons aged 16 or 17, by article 42 of the Sexual Offences (Northern Ireland) Order 2008.
Offences against mentally disordered persons
[edit]Mental disorder impeding choice
[edit]- Sexual activity with a person with a mental disorder impeding choice, contrary to article 43 of the Sexual Offences (Northern Ireland) Order 2008
- Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity, contrary to article 44 of the Sexual Offences (Northern Ireland) Order 2008
- Engaging in sexual activity in the presence of a person with a mental disorder impeding choice, contrary to article 45 of the Sexual Offences (Northern Ireland) Order 2008
- Causing a person, with a mental disorder impeding choice, to watch a sexual act, contrary to article 46 of the Sexual Offences (Northern Ireland) Order 2008
Inducement, threat or deception
[edit]- Inducement, threat or deception to procure sexual activity with a person with a mental disorder, contrary to article 47 of the Sexual Offences (Northern Ireland) Order 2008
- Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception, contrary to article 48 of the Sexual Offences (Northern Ireland) Order 2008
- Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder, contrary to article 49 of the Sexual Offences (Northern Ireland) Order 2008
- Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception, contrary to article 50 of the Sexual Offences (Northern Ireland) Order 2008
Offences by care workers
[edit]- Care workers: sexual activity with a person with a mental disorder, contrary to article 51 of the Sexual Offences (Northern Ireland) Order 2008
- Care workers: causing or inciting sexual activity, contrary to article 52 of the Sexual Offences (Northern Ireland) Order 2008
- Care workers: sexual activity in the presence of a person with a mental disorder, contrary to article 53 of the Sexual Offences (Northern Ireland) Order 2008
- Care workers: causing a person with a mental disorder to watch a sexual act, contrary to article 54 of the Sexual Offences (Northern Ireland) Order 2008
Pornography
[edit]- Possession of extreme pornographic images, contrary to section 63 of the Criminal Justice and Immigration Act 2008
- An offence under section 170 of the Customs and Excise Management Act 1979, in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (39 & 40 Vict. c. 36), is a specified sexual offence.[3]
Prostitution
[edit]Soliciting
[edit]- Loitering or soliciting for purposes of prostitution, contrary to article 59 of the Sexual Offences (Northern Ireland) Order 2008
- Kerb-crawling, contrary to article 60 of the Sexual Offences (Northern Ireland) Order 2008
- Persistent soliciting, contrary to article 61 of the Sexual Offences (Northern Ireland) Order 2008
Pimping
[edit]- Causing or inciting prostitution for gain, contrary to article 62 of the Sexual Offences (Northern Ireland) Order 2008
- Controlling prostitution for gain, contrary to article 63 of the Sexual Offences (Northern Ireland) Order 2008
Brothels
[edit]- Keeping a brothel used for prostitution, contrary to article 64 of the Sexual Offences (Northern Ireland) Order 2008
As to premises resorted to for homosexual practices, see article 9 of the Homosexual Offences (Northern Ireland) Order 1982 (SI 1982/1536).
Section 23 of the Children and Young Persons Act (Northern Ireland) 1968 creates the offence of allowing children or young persons to be in brothels.
Paying for sexual services
[edit]- Paying for sexual services of a person, contrary to article 64A of the Sexual Offences (Northern Ireland) Order 2008, as inserted by section 15(5) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c 2) (NI)
Sexual trafficking
[edit]An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act, is a specified sexual offence.[4]
Preparatory offences
[edit]- Administering a substance with intent, contrary to article 65 of the Sexual Offences (Northern Ireland) Order 2008
- Committing an offence with intent to commit a sexual offence, contrary to article 66 of the Sexual Offences (Northern Ireland) Order 2008
- Trespass with intent to commit a sexual offence, contrary to article 67 of the Sexual Offences (Northern Ireland) Order 2008
Sex with an adult relative
[edit]- Sex with an adult relative: penetration, contrary to article 68 of the Sexual Offences (Northern Ireland) Order 2008
- Sex with an adult relative: consenting to penetration, contrary to article 69 of the Sexual Offences (Northern Ireland) Order 2008
Exposure
[edit]- Exposure, contrary to article 70 of the Sexual Offences (Northern Ireland) Order 2008
As to the offence of indecent behaviour under section 9 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, see McCabe v Donnelly.[5]
Voyeurism
[edit]The offence of voyeurism is created by article 71 the Sexual Offences (Northern Ireland) Order 2008. This enactment replaces section 67 of the Sexual Offences Act 2003. As to this offence, see Police Service for Northern Ireland v MacRitchie [2008] NICA 26; [2009] NI 84, which was decided under section 67 of the Sexual Offences Act 2003.[6]
Bestiality
[edit]- Intercourse with an animal, contrary to article 73 of the Sexual Offences (Northern Ireland) Order 2008
Necrophilia
[edit]- Sexual penetration of a corpse, contrary to article 74 of the Sexual Offences (Northern Ireland) Order 2008
Sexual activity in a public lavatory
[edit]- Sexual activity in a public lavatory, contrary to article 75 of the Sexual Offences (Northern Ireland) Order 2008
Former offences and former enactments
[edit]- The common law offence of rape was abolished by article 5(6) of the Sexual Offences (Northern Ireland) Order 2008. The penalty for rape was provided by section 48 of the Offences against the Person Act 1861, which was repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Assault with intent to commit rape, contrary to section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960 (c 3) (NI)[7] or section 38 of the Offences against the Person Act 1861.[8] The Attempted Rape, etc., Act (Northern Ireland) 1960 was passed in response to R v Taylor [1958] NI 135,[9][10] and was repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Procurement of woman or girl by threats or intimidation, contrary to section 3(1) of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Procurement of woman or girl by fraud, contrary to section 3(2) of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Administering drugs to enable unlawful carnal connexion, contrary to section 3(3) of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Indecent assault upon a female, contrary to section 52 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Indecent assault on a male, contrary to article 21 of the Criminal Justice (Northern Ireland) Order 2003. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Abduction of woman etc., contrary to section 53 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Abduction of woman by force, contrary to section 54 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Unlawful detention of woman or girl with intent to have carnal knowledge, contrary to section 8(1) of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Unlawful detention of woman or girl in brothel, contrary to section 8(2) of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Abduction of girl under 18 from parent or guardian, contrary to section 7 of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Abduction of unmarried girl under 16 from parent or guardian, contrary to section 55 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Buggery, contrary to article 19 of the Criminal Justice (Northern Ireland) Order 2003.[11] Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Assault with intent to commit buggery, contrary to article 20 of the Criminal Justice (Northern Ireland) Order 2003. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Procuring others to commit homosexual acts, contrary to article 7 of the Homosexual Offences (Northern Ireland) Order 1982. Repealed by the Sexual Offences Act 2003.
- Incest by a man, contrary to section 1 of the Punishment of Incest Act 1908. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Incest by a woman, contrary to section 2 of the Punishment of Incest Act 1908. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Inciting girl under sixteen to have incestuous sexual intercourse, contrary to section 9 of the Criminal Justice (Northern Ireland) Order 1980 (SI 1980/708) (NI 6)
- Living on the earnings of prostitution or soliciting or importuning in a public place, contrary to section 1 of the Vagrancy Act 1898.[12]
- Living on earnings of male prostitution, contrary to article 8 of the Homosexual Offences (Northern Ireland) Order 1982. Repealed by the Sexual Offences Act 2003.
- Causing or encouraging seduction or prostitution of girl under 17, contrary to section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c 34) (NI). Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Indecent conduct towards child, contrary to section 22 of the Children and Young Persons Act (Northern Ireland) 1968. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
- Offences under articles 122 and 123 of the Mental Health (Northern Ireland) Order 1986 (SI 1986/595) (NI 4). Repealed by the Sexual Offences (Northern Ireland) Order 2008.
See also
[edit]References
[edit]- Peter Rook and Robert Ward. "Sexual Offences in Northern Ireland". Rook and Ward on Sexual Offences. Sixth Edition. Sweet & Maxwell. 2021. Chapter 34.
- David Macfarland. "Sexual Offences in Northern Ireland". Peter Rook and Robert Ward. Rook and Ward on Sexual Offences. First Supplement to the Fourth Edition. Sweet & Maxwell. Thomson Reuters. 2014. Chapter 32. Page 659 et seq.
- Richard Card, Alisdair A Gillespie and Michael Hirst. Sexual Offences. Jordans. 2008. Paragraphs 2.1, 2.103, 2.104, 2.95, 2.96, 11.12, 17.14 and 17.40.
- John E Stannard. Northern Ireland Supplement to Smith and Hogan, Criminal Law (5th ed). SLS Legal Publications. Belfast. 1984.
- Valentine's All the Law of Northern Ireland
- Digest of Northern Ireland Law
- Brice Dickinson. Law in Northern Ireland. Second Edition. Hart Publishing. 2013. Para 7.19 at p 178.
- Allen and McAleenan. "Sexual Offences". Sentencing Law and Practice in Northern Ireland. Third Edition. SLS Legal Publications, Queen's University, Belfast. 1998. Page 359 et seq. See also passim.
- Regan and Brown, "Secretary of State for Justice v A Local Authority and others" (2021) 72 Northern Ireland Legal Quarterly 596 abstract
- G Ellison, "Criminalizing the payment for sex in Northern Ireland" (2017) 57 British Journal of Criminology 194
- Eithne Dowds. "I presume she wanted it to happen". Northern Ireland Legal Quarterly.
- The Gillen Review: Report into the Law and Procedures in Serious Sexual Offences in Northern Ireland. 2019.
- Bows and Herring (eds). Rough Sex and the Criminal Law. Emerald Publishing. 2023. p 107.
- Sexual Violence on Trial: Local and Comparative Perspectives. Routledge. 2021. Pages 8, 16, 17, 37, 42, 93, 106, 118, 179 and 183. Google
- "Sexual offences and under 18-year-olds in Northern Ireland". British Medical Association.
- Deborah McAleese. "Age of consent lowered to 16". Belfast Telegraph. 20 November 2007.
- Jonathan McCambridge. "Massive shake-up in NI sex offence laws". Belfast Telegraph. 2 February 2009.
- "New kerb crawling laws come into force". Belfast Telegraph. 2 February 2009.
- Rebecca Black. "Abuse of trust legislation to be strengthened to protect vulnerable children". Belfast Telegraph. 23 March 2021.
- ^ As to this Order, see "Statutory Instruments" (1979) 128 The New Law Journal 185 and 358; Halsbury's Statutes of England, 3rd Ed, 1985, Cumulative Supplement, Part 1
- ^ As to this Order, see "The Protection of Children (Northern Ireland) Order 1978 - A Useful and Sensible Little Measure?" (1978) 30 Northern Ireland Legal Quarterly 170; "Protection of Children (Northern Ireland) Order 1978", The Irish Jurist 1978, p 430; Clough, Principles of Cybercrime, 2nd Ed, 2015, p 297; The Statutes Revised, Northern Ireland; McAlinden, Children at Risk, 2018, pp 81, 181, 220, 226, 227 & 234.
- ^ The Criminal Justice (Northern Ireland) Order 2008, Schedule 2, Part 2, paragraph 9
- ^ The Criminal Justice (Northern Ireland) Order 2008, Schedule 2, Part 2, paragraph 14A, as inserted by section 5(4) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- ^ McCabe v Donnelly [1982] NI 153. As to this case, see "Indecent Behaviour" (1985) 49 The Journal of Criminal Law 47 [1]; "Judicial Decisions in Northern Ireland" (1984) 19 The Irish Jurist 417
- ^ For a copy the judgement, see BAILII. As to this case, see Gillespie, "Tackling Voyeurism" (2019) 82 Modern Law Review 1107 [2]; Richardson and Clark: Sexual Offences A Practitioner's Guide, 2014, p 275; Pegg and Davies, Sexual Offences: Law and Context, 2016, p 133; Pamela R Ferguson, Scots Criminal Law, 2015, para 11.10.1.
- ^ As to this Act, see "Attempted Rape, etc., Act (Northern Ireland) 1960", The Statutes Revised: Northern Ireland, 2nd Ed, 1982, vol 3, p 15; [1960] 26 The Irish Jurist 24; Current Law Statutes, service
- ^ Halsbury's Statutes of England, 3rd Ed, 1969, vol 8, p 149
- ^ "Attempted Rape, etc. Act (N.I.), 1960" (1961) 95 The Irish Law Times and Solicitors' Journal 37 (No 4908, 4 March 1961)
- ^ As to R v Taylor [1958] NI 135, see "Ireland: Sentences for Misdemeanours: R v Taylor" (1960) 24 The Journal of Criminal Law 55; "Week to Week" (1959) 93 Irish Law Times and Solicitors' Journal 245 (17 October 1959); "Equity and Common Law Digest" (1960) 93 Irish Law Times Reports viii; (1969) Dublin University Law Review, vols 1-2, p 80; [1959] 25 The Irish Jurist 12; Annual Review of Irish Law 1992, p 299; Mews' Digest of English Case Law 1959, p 57
- ^ As to article 19, see Johnson, Going to Strasbourg, 2016, pp 13 & 58; Johnson and Vanderbeck, Law, Religion and Homosexuality, 2014, pp 59, 63 & 64.
- ^ As to this enactment, see Comerton, A Handbook on the Magistrates' Courts Act (Northern Ireland) 1964, Belfast, 1968, p 63 [3]