11
(3) Where a person is charged with raping a young person who is his child, step-child or
adopted child, it shall be no defence to prove that the young person consented to having sexual
intercourse or a sexual act with him.
24 Repeal of Cap. 9:05
The Criminal Law Amendment Act [Chapter 9:05] is repealed.
25 Amendment of section 51 of Cap. 7:10
Section 51 of the Magistrates Court Act [Chapter 7:10] is amended—
(a) in subsection (2) by the deletion from paragraph (a) of “rape,”;
(b) by the insertion after subsection (3) of the following subsections—
“(4) Notwithstanding section fifty, the jurisdiction of a regional magistrate in
respect of punishment for a sexual offence, whether on summary trial or remittal by
the Attorney-General, shall be—
(a) imprisonment for a period not exceeding twenty years;
(b) a fine not exceeding twenty thousand dollars.
(5)
For the purposes of subsection (4)—
“sexual offence” means—
(a) rape or sodomy; or
(b) a contravention of section 3, 4, 5, 6, 8 or 15 of the Sexual Offences
Act [Chapter 9:21]; or
(c) an attempt to commit an offence referred to in paragraph (a) or (b).”.
26 Amendment of sections 211 and 247 of Cap. 9:07
The Criminal Procedure and Evidence Act [Chapter 9:07] is amended—
(a) in section 211—
(i) by the repeal of subsection (1) and the substitution of—
“(1)
Any person charged with rape may be found guilty of—
(a) assault with intent to commit rape; or
(b) indecent assault; or
(c) assault with intent to commit grievous bodily harm; or
(d) assault; or
(e) contravening section 3, 4, 8 or 15 of the Sexual Offences Act
[Chapter 9:21];
if such are the facts proved.”;
(ii) in subsection (2) by the deletion of “unlawful carnal knowledge” and the
substitution of “extra-marital sexual intercourse”;
(iii) by the repeal of subsection (3) and the substitution of—