Rape and sexual assault

38 Rape

(1) A person (A) commits an offence if—

• (a) A intentionally sexually penetrates another person (B); and
• (b) B does not consent to the penetration; and
• (c) A does not reasonably believe that B consents to the penetration.

(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).

Note
Exceptions apply to this offence—see section 48A.

40 Sexual assault

(1) A person (A) commits an offence if—

• (a) A intentionally touches another person (B); and
• (b) the touching is sexual; and
• (c) B does not consent to the touching; and
• (d) A does not reasonably believe that B consents to the touching.

Notes
1 An exception applies to this offence—see section 48A.
2 A mistaken but honest and reasonable belief that the touching was not sexual is not a defence to this offence—see section 48B.