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30 Nov 2008

Formal Consolidation | 2008 RevEd

Interpretation of sections 375 to 377B (sexual offences)

377C. In sections 375 to 377B —

(a)

penetration is a continuing act from entry to withdrawal;

(b)

references to a part of the body include references to a part which is surgically constructed (in particular, through a sex reassignment procedure);

(c)

for the purposes of identifying the sex of a person —

(i)	the sex of a person as stated in that person’s identity card issued under the National Registration Act (Cap. 201) at the time the sexual activity took place shall be prima facie evidence of the sex of that person; and
(ii)	a person who has undergone a sex reassignment procedure shall be identified as being of the sex to which that person has been reassigned;

(d)

penetration, touching or other activity is “sexual” if —

(i)	because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or
(ii)	because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual;

(e)

“vagina” includes vulva.

[51/2007]

[UK SOA 2003, ss. 78, 79; WC 1997 Ed., s. 12(3)]

Informal Consolidation | Amended S 340/2012