Rape
38 Rape
S. 38 substituted by No. 74/2014 s. 4.
A person (A) commits an offence if—
A intentionally sexually penetrates another person (B); and
B does not consent to the penetration; and
A does not reasonably believe that B consents to the penetration.
A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
Note to s. 38(2) inserted by No. 65/2016 s. 20(12), repealed by No. 34/2017 s. 26(1).
* * * * *
S. 38(3) repealed by No. 47/2016 s. 10(1), new s. 38(3) inserted by No. 34/2017 s. 26(2).
The standard sentence for an offence against subsection (1) is 10 years.
Note to s. 38 inserted by No. 47/2016 s. 10(2), substituted as Notes by No. 34/2017 s. 26(3).
Notes
1 An exception applies to this offence—see section 48A.
2 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
3 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
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