Criminal Law Code as at 1st March 2007 (b) in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins. (4) In determining for the purposes of subsection (3) whether or not a person is a member of a community⎯ (a) whose cultural or religious customs or traditions do not prohibit marriage between first or second cousins, a court shall have regard to the evidence of any person who, in its opinion, is suitably qualified by reason of his or her knowledge to give evidence as to the cultural or religious customs or traditions of the community concerned; or (b) governed by customary law, regard shall be had to all the circumstances of the person’s life, including⎯ (i) whether or not the natural parents of the person were married under the Customary Marriages Act [Chapter 5:07] or were parties to an unregistered customary law marriage; (ii) whether or not the person lives among other members of such a community and is regarded by such other members as belonging to that community, notwithstanding that the person’s natural parents were not married to each other, or were married exclusively under the Marriage Act [Chapter 5:11]; (iii) where the person does not live among members of such a community, whether he or she has ties to such a community by reason of his or her natural parents belonging to such a community. (5) For the avoidance of doubt it is declared that⎯ (a) the competent charge against⎯ (i) a male person who has sexual intercourse with a female person without her consent who is related to him in any degree of relationship specified in subsection (2), shall be rape and not sexual intercourse within a prohibited degree of relationship; (ii) a female person who has sexual intercourse with a male person without his consent who is related to her in any degree of relationship specified in subsection (2), shall be aggravated indecent assault and not sexual intercourse within a prohibited degree of relationship; (b) paragraph (i) of subsection (2) shall not apply to persons who⎯ (i) on the fixed date are married to each other under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07] or are parties to an unregistered customary law marriage; or (ii) on or after the fixed date are married to each other under any foreign law. 76 Complicity in sexual crimes For the avoidance of doubt it is declared that any person who⎯ (a) being the owner or occupier of any premises, knowingly permits another person on the premises to commit rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person, sodomy, bestiality or sexual intercourse within a prohibited degree of relationship; or - 52 -