Section 375
Rape
of Penal Code
A man is said to commit "rape", who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions -
(a)
against her will;
(b)
without her consent;
(c)
with her consent, when her consent has been obtained by putting her in fear of death or of hurt to herself or any other person;
(d)
with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is, or believes herself to be, lawfully married;
(da) with her consent, when the man is in a position of trust or authority towards the woman or is a person with whom the woman is in a relationship of dependency;
(e)
with or without her consent when she is under the age of 14 years.
Explanation 1 - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Explanation 2 - A person consents if she agrees by choice, and if she has freedom and capacity to make that choice.
Explanation 3 - A person does not consent if the sexual intercourse is induced by the abuse of a position of trust or authority.
Exception -
Sexual intercourse by a man with his own wife, the wife not being under the age of 13 years, is not rape.
Penal Code
CAP.22 159
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