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Isle of Man law

So what is the law when it comes to sex? Well, we've picked out some key sections of Isle of Man law with an explanation around what it means to you.

No Consent - No Sex

The Sexual offences Act 1992 Section 3 states:-

“Any person who applies to, or causes to be taken by, another person any drug, matter or thing with intent to stupefy that person so as thereby to enable himself or a third person to commit a sexual act with him or her shall be guilty of an offence and liable on conviction on information to imprisonment for a term not exceeding 7 years”

This may be interpreted and applied in a number of scenarios. It is accepted that if a female was so intoxicated that she did not know what she was doing the above law could be enforced with a charge of rape or a sexual offence brought against the person. So drunken consent may not be a defence.

Date Rape

This law is also very relevant in the situation of Date Rape when a drug is administered with the specific intent of quickly rendering the victim incapacitated and usually unconscious. The perpetrator then usually sexually assaults or has intercourse with the victim whilst unconscious. This type of substance is quickly broken down in the body and when the victim presents themselves at a police station and then hospital blood test can show nothing detectable in the blood.

The main date rape drugs used tend to be Rohypnol, GHB (Gamma Hydroxy Butyrate) and Ketamine.

Obviously these are two very different circumstances but the law takes a very serious view of both with conviction potentially resulting in a jail sentance.

Underage Sex & Indecent Assault

The law around underage sex is fairly clear and the below outlines the main areas relevant to underage sex and indecent assault.

  1. any person who has sexual intercourse with a person under the age of 13 shall be guilty of an offence and liable on conviction on information to imprisonment for life - that means if someone has sex with a person under 13 they could possibly get a life sentence

  2. any person who has sexual intercourse with a person under the age of 16 shall be guilty of an offence an liable on conviction on information to imprisonment for a term not exceeding 7 years – that means that if someone has sex with a person under 16 they could go to prison for up to 7 years

  3. indecent assault (can be defined as touching another person in a sexual way without their consent) - a person under the age of 16 cannot consent (i.e. agree to do this) with another person – the person who does this can go to prison for up to 7 years Indecent assault includes action such as sexual touching and ‘touching’ covers all physical contact, including touching with any part of the body, with anything else and through anything, for example, through clothing.