Sexual assault involving penetration
376.—(1)  Any man (A) who causes another man (B) to penetrate with B’s penis, the anus or mouth of A —
(a)without B’s consent; or
(b)with or without B’s consent, when B is below 14 years of age,
shall be guilty of an offence.
[15/2019]
(2)  Any person (A) who —
(a)sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B);
(b)causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(c)causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,
shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration.
[15/2019]
(3)  Subject to subsection (4), a person 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.
(4)  Whoever —
(a)in order to commit or to facilitate the commission of an offence under subsection (1) or (2) —
(i)voluntarily causes hurt to any person; or
(ii)puts any person in fear of death or hurt to himself or any other person;
(b)commits an offence under subsection (1) or (2) against a person below 14 years of age without that person’s consent; or
(c)commits an offence under subsection (1) or (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,
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.
[15/2019]
(5)  No person shall be guilty of an offence under subsection (1) or (2) —
(a)for an act of penetration against his or her spouse with the consent of that spouse; or
(b)if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.
[15/2019]
(6)  No man shall be punished under subsection (4)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.
[15/2019]