S. 39(1) substituted by No. 47/2016 s. 11(1).
(1) A person (A) commits an offence if—
(a) A intentionally causes another person (B)—
(i) to sexually penetrate A; or
(ii) to sexually penetrate themselves; or
(iii) to sexually penetrate another person (C) or an animal; or
(iv) to be sexually penetrated by C or by an animal; and
(b) B does not consent to the sexual penetration; and
(c) A does not reasonably believe that B consents to the sexual penetration.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
Note to s. 39(2) inserted by No. 65/2016 s. 20(13).
An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
S. 39(3) repealed by No. 47/2016 s. 11(2).
* * * * *
Note to s. 39 inserted by No. 47/2016 s. 11(3).
Exceptions apply to this offence—see section 48A.
substituted by No. 74/2014 s. 4.