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30 Mar 1987

Formal Consolidation | 1985 RevEd

Rape

375. A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the 5 following descriptions:

(a)

against her will;

(b)

without her consent;

(c)

with her consent, when her consent has been obtained by putting her in fear of death or hurt;

(d)

with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;

(e)

with or without her consent, when she is under 14 years of age.

Explanation—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception.—Sexual intercourse by a man with his own wife, the wife not being under 13 years of age, is not rape.

Informal Consolidation | Amended Act 51 of 2007

Rape

375.—(1) Any man who penetrates the vagina of a woman with his penis —

(a)	without her consent; or
(b)	with or without her consent, when she is under 14 years of age,

shall be guilty of an offence.

(2) Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(3) Whoever —

(a)

in order to commit or to facilitate the commission of an offence under subsection (1) ––

(i)	voluntarily causes hurt to the woman or to any other person; or
(ii)	puts her in fear of death or hurt to herself or any other person; or

(b)

commits an offence under subsection (1) with a woman under 14 years of age without her consent,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

(4) No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence —

(a)

his wife was living apart from him ––

(i)	under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
(ii)	under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
(iii)	under a judgment or decree of judicial separation; or
(iv)	under a written separation agreement;

(b)

his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;

(c)

there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;

(d)

there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or

(e)

his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.

(5) Notwithstanding subsection (4), no man shall be guilty of an offence under subsection (1)(b) for an act of penetration against his wife with her consent.

[51/2007 wef 01/02/2008]

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