Sch 1 (The Criminal Code), s 349

Rape

In force

(1)

Any person who rapes another person is guilty of a crime.Maximum penalty—life imprisonment.

(2)

A person rapes another person if—

(a)

the person engages in penile intercourse with the other person without the other person’s consent; or

(b)

the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or

(c)

the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent.

(3)

For this section, a child under the age of 12 years is incapable of giving consent.

(4)

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(5)

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. sch 1 pt 5 ch 32 s 349 ins 2000 No. 43 s 24

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