s. 38 38 Rape S. 38 substituted by No. 81/1991 s. 3. (1) A person must not commit rape. S. 38(1) amended by No. 48/1997 Level 2 imprisonment (25 years s. 60(1)(Sch. 1 maximum). item 19). (2) A person commits rape if— (a) he or she intentionally sexually penetrates S. 38(2)(a) substituted by another person without that person's No. 57/2007 consent— s. 5(1). (i) while being aware that the person is not consenting or might not be consenting; or (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 substituted by No. 81/1991 s. 3. 38 Rape s. 38 S. 38(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 19). (1) A person must not commit rape. Level 2 imprisonment (25 years maximum). (2) A person commits rape if— S. 38(2)(a) substituted by No. 57/2007 s. 5(1). (a) he or she intentionally sexually penetrates another person without that person's consent— (i) while being aware that the person is not consenting or might not be consenting; or (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 (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.
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