(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.
13.Section 4 makes it an offence for a person (A) intentionally to cause another person (B) to engage in sexual activity (as defined in section 78) without that person’s consent, if he does not reasonably believe that B consents. What is said in the note to section 1 about whether a belief in consent is reasonable also applies here. A may cause B to engage in sexual activity with A (for example, a woman who compels a man to penetrate her); on B himself (for example, where one person forces someone else to masturbate himself); or with another person (for example, where one person makes someone else masturbate a third person). Subsection (3) provides that sections 75 and 76 apply to this offence. Sections 75 and 76 deal with evidential and conclusive presumptions about consent.