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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8A) - Rape, sexual assault and associated sexual offences
48A Exceptions—medical, hygienic, veterinary, agricultural or scientific purposes
(1)A does not commit an offence against—
(a)section 38(1) or 40(1)—if the sexual penetration or touching (as the case requires) is of a person and is done in the course of a procedure carried out in good faith for medical or hygienic purposes; or
(b)section 39(1) or 41(1)—if the sexual penetration or touching (as the case requires) is of a person and is caused by A to be done in the course of a procedure carried out in good faith for medical or hygienic purposes.
(2)A does not commit an offence against section 39(1) or 41(1)—if the sexual penetration or touching (as the case requires) is of an animal and is caused by A to be done in the course of a procedure being carried out in good faith for veterinary or agricultural purposes or scientific research purposes.
The reference to A in this section is a reference to the same A referred to in sections 38, 39, 40 and 41.