Part 1

Rape etc.

Rape

Rape
1
1
If a person (“A”), with A's penis—
a
without another person (“B”) consenting, and
b
without any reasonable belief that B consents,
penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.
2
For the purposes of this section, penetration is a continuing act from entry until withdrawal of the penis; but this subsection is subject to subsection (3).
3
In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.
4
In this Act—
- “penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and
- “vagina” includes—
a
the vulva, and
b
a surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B, having been created in the course of such treatment.
S. 1 wholly in force; s. 1(4) in force at Royal Assent see s. 62(2); s. 1 otherwise in force at 1.12.2010 by S.S.I. 2010/357, art. 2(a)