Rape

(1) A person commits the offence termed rape if-

(a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs;

(b) the other person does not consent to the penetration; or

(2) In this section the term ”intentionally and unlawfully” has the meaning assigned to it in section 47 of this Act.

(3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.

Attempted rape

Any person who attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organs is guilty of the offence of attempted rape and is liable upon conviction for imprisonment for a term which shall not be less than five years but which may be enhanced to imprisonment for life.

Sexual assault

(1) Any person who-

(a) penetrates the genital organs of another person with-

(i) any part of the body of another or that person; or

(ii) an object manipulated by another or that person except where such penetration is carried out for proper and professional hygienic or medical purposes;

(b) manipulates any part of his or her body or the body of another person so as to cause penetration of the genital organ by any part of the other person’s body, is guilty of an offence termed sexual assault.

(2) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term of not less than ten years but which may be enhanced to imprisonment for life.

Compelled or induced indecent acts

A person who intentionally and unlawfully compels, induces or causes another person to engage in an indecent act with-

(a) the person compelling, inducing or causing the other person to engage in the act;

(b) a third person;

(d) an object, including any part of the body of an animal,

in circumstances where that other person-

(i) Would otherwise not have committed or allowed the indecent act; or

(ii) is incapable in law of appreciating the nature of an indecent act, including the circumstances referred to in section 47,

is guilty of an offence and is liable upon conviction to imprisonment

* for a term which shall not be less than five years.

Spiking

Administering a substance with intent

(1) Any person commits an offence if he intentionally distributes or administers a substance to, or causes a substance to be administered to or taken by, another person with the intention of-

(a) stupefying; or

(b) overpowering that person,

So as to enable any person to engage in a sexual activity with that person.

(2) In proceedings for an offence under this section it is for the accused person to prove that he or she did not distribute, administer or cause to be taken any substance with a view to engaging into a sexual activity with another person.

(3) A person guilty of an offence under this section is, in addition to any other offence under this Act, liable on conviction

* to imprisonment for a term of not less than ten years.

Evidence of character and previous sexual history

(1) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, other than evidence relating to sexual experience or conduct in respect of the offence which is being tried, shall be adduced, and no question regarding such sexual conduct shall be put to such person, the accused or any other witness at the proceedings pending before a court unless the court has, on application by any party to the proceedings, granted leave to adduce such evidence or to put such questions.

(2) Before an application for leave contemplated in subsection (1) is heard, the court shall direct that any person, other than the complainant, whose presence is not necessary, may not be present at the proceedings.

(3) The court shall, subject to subsection (4), grant the application referred to in subsection (1) if satisfied that such evidence or questioning-

(a) relates to a specific instance of sexual activity relevant to a fact in issue;

(b) is likely to rebut evidence previously adduced by the prosecution;

(c) is likely to explain the presence of semen or the source of pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue;

(d) is not substantially outweighed by its potential prejudice to the complainant’s personal dignity and right to privacy; or

(e) is fundamental to the accused’s defence.

(4) A court shall not grant an application referred to in subsection (1) if, in its opinion, such evidence or questioning-

(a) relates to the sexual reputation of the complainant and is intended to challenge or support the credibility of the complainant;

(b) is sought to be adduced to support an inference that by reason of the sexual nature of the complainant’s experience or conduct, the complainant-

(i) is more likely to have consented to the offence being tried; or

(ii) is less worthy of belief.