s. 38 (ii) while not giving any thought to whether the person is not consenting or might not be consenting; or (b) after sexual penetration he or she does not withdraw from a person who is not consenting on becoming aware that the person is not consenting or might not be consenting. (3) A person (the offender) also commits rape if he or S. 38(3) inserted by she compels a person— No. 67/2000 s. 4, (a) to sexually penetrate the offender or another substituted by No. 2/2006 person, irrespective of whether the person s. 6(1). being sexually penetrated consents to the act; or (b) who has sexually penetrated the offender or another person, not to cease sexually penetrating the offender or that other person, irrespective of whether the person who has been sexually penetrated consents to the act. S. 38(4) (4) For the purposes of subsection (3), a person inserted by compels another person (the victim) to engage in a No. 67/2000 sexual act if the person compels the victim s. 4, amended by (by force or otherwise) to engage in that act— No. 2/2006 s. 6(2). (a) without the victim's consent; and S. 38(4)(b) (b) while— substituted by No. 57/2007 (i) being aware that the victim is not s. 5(2). consenting or might not be consenting; or (ii) not giving any thought to whether the victim is not consenting or might not be consenting.
(ii) while not giving any thought to whether the person is not consenting or might not be consenting; or (b) after sexual penetration he or she does not withdraw from a person who is not consenting on becoming aware that the person is not consenting or might not be consenting. S. 38(3) inserted by No. 67/2000 s. 4, substituted by No. 2/2006 s. 6(1). (3) A person (the offender) also commits rape if he or she compels a person— (a) to sexually penetrate the offender or another person, irrespective of whether the person being sexually penetrated consents to the act; or s. 38 (b) who has sexually penetrated the offender or another person, not to cease sexually penetrating the offender or that other person, irrespective of whether the person who has been sexually penetrated consents to the act. S. 38(4) inserted by No. 67/2000 s. 4, amended by No. 2/2006 s. 6(2). (4) For the purposes of subsection (3), a person compels another person (the victim) to engage in a sexual act if the person compels the victim (by force or otherwise) to engage in that act— (a) without the victim's consent; and S. 38(4)(b) substituted by No. 57/2007 s. 5(2). (b) while— (i) being aware that the victim is not consenting or might not be consenting; or (ii) not giving any thought to whether the victim is not consenting or might not be consenting.