Clause 7 - Assault of a child under 13 by penetration
Sexual Offences Bill [Lords]
9:45 am
Mr Dominic Grieve (Beaconsfield, Conservative)
The amendment can be dealt with briefly, as it refers to the issue of duplication of offences that arose during our sitting on Tuesday. The result of the two amendments would be to differentiate between rape and assault by penetration, which could not involve rape with the penis.
The Minister's explanation remains valid because there is concern that there may be some, perhaps rather odd, cases where it would not be clear whether penetration had taken place with an object or by the penis. In such circumstances, as I understand it, the Government want to retain the flexibility that both counts could be put on the indictment and the jury would therefore have a choice on which to convict. If
the Minister will confirm my understanding of the matter, I will not press the amendments further.