Criminal Law Code as at 1st March 2007 Division B: Sexual crimes 65 Rape (1) If a male person knowingly has sexual intercourse or anal sexual intercourse with a female person and, at the time of the intercourse⎯ (a) the female person has not consented to it; and (b) he knows that she has not consented to it or realises that there is a real risk or possibility that she may not have consented to it; he shall be guilty of rape and liable to imprisonment for life or any shorter period. (2) For the purpose of determining the sentence to be imposed upon a person convicted of rape, a court shall have regard to the following factors, in addition to any other relevant factors and circumstances⎯ (a) the age of the person raped; (b) the degree of force or violence used in the rape; (c) the extent of physical and psychological injury inflicted upon the person raped; (d) the number of persons who took part in the rape; (e) the age of the person who committed the rape; (f) whether or not any weapon was used in the commission of the rape; (g) whether the person committing the rape was related to the person raped in any of the degrees mentioned in subsection (2) of section seventy-five; (h) whether the person committing the rape was the parent or guardian of, or in a position of authority over, the person raped; (i) whether the person committing the rape was infected with a sexually transmitted disease at the time of the rape. 66 Aggravated indecent assault (1) Any person who⎯ (a) being a male person⎯ (i) commits upon a female person any act, other than sexual intercourse or anal sexual intercourse, involving the penetration of any part of the female person’s body or of his own body; or (ii) commits upon a male person anal sexual intercourse or any other act involving the penetration of any part of the other male person’s body or of his own body; (b) being a female person⎯ (i) has sexual intercourse with or commits upon a male person any other act involving the penetration of any part of the male person’s body or of her own body; or (ii) commits upon a female person any act involving the penetration of any part of the other female person’s body or of her own body; with indecent intent and knowing that the other person has not consented to it or realising that there is a real risk or possibility that the other person may not have consented to it, shall be guilty of aggravated indecent assault and liable to the same penalty as is provided for rape. - 46 -