Article 5 Rape
(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)
Articles 9 and 10 apply to an offence under this Article.
(4)
A person guilty of an offence under this Article is liable, on conviction on indictment, to imprisonment for life.
(5)
Any reference to rape in a statutory provision shall be construed in accordance with paragraph (1).
(6)
The common law offence of rape is abolished.