PART 2NON-CONSENSUAL SEXUAL OFFENCES

Rape

Rape5

1

A person (A) commits an offence if—

a

he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

b

B does not consent to the penetration, and

c

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

Articles 9 and 10 apply to an offence under this Article.

4

A person guilty of an offence under this Article is liable, on conviction on indictment, to imprisonment for life.

5

Any reference to rape in a statutory provision shall be construed in accordance with paragraph (1).

6

The common law offence of rape is abolished.