Section 1 RapeI1

(1)

If a person (“A”), with A's penis—

(a)

without another person (“B”) consenting, and

(b)

without any reasonable belief that B consents,

penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.

(2)

For the purposes of this section, penetration is a continuing act from entry until withdrawal of the penis; but this subsection is subject to subsection (3).

(3)

In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.

(4)

In this Act—

“penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and
“vagina” includes—

(a)

the vulva, and

(b)

a surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B, having been created in the course of such treatment.

Annotations

Commencement

I1: S. 1 wholly in force; s. 1(4) in force at Royal Assent see s. 62(2); s. 1 otherwise in force at 1.12.2010 by S.S.I. 2010/357, art. 2(a)