Rape in English law
Statutory offence in England and Wales / From Wikipedia, the free encyclopedia
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Rape is a statutory offence in England and Wales. The offence is created by section 1[1] of the Sexual Offences Act 2003:
(1) A person (A) commits an offence if—
- (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
- (b) B does not consent to the penetration, and
- (c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
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This definition notably has a narrower definition with other kinds of rape being covered by offences with other names. For example, if a victim is forcefully penetrated with an object other than a penis, this is classed as "Assault by Penetration" (section 2),[2] and if the victim is made to penetrate another, the act can be prosecuted as "Causing a person to engage in sexual activity without consent" (section 4).[3]