The offence of governed by Section 375 (1), Chapter 224 of the Penal code. According to Section 375, any man who penetrates the vagina of a woman with his penis without her consent; or with or without her consent, when she is under 14 years of age, shall be guilty of an offence.
Can a man be a victim of rape?
Legally, a man cannot be a victim of rape as rape is narrowly defined under S375, Penal Code as the penile penetration of a vagina. However, a man may be the victim of unlawful sexual penetration under Section 376, which carries the same penalties. According to S376, any man(A) who penetrates the victim’s mouth, anus with A’s penis, or causes another man(B) to penetrate the mouth or anus of the victim with B’s penis, shall be guilty of an offence, if B did not consent to the penetration.
When rape is committed, one is liable to an imprisonment for a term up to 20 years and will be liable to a fine or caning.
Sex with minor
The age of consent is 16. However, according to Section 376A, if the minor is between 14 and 16 years of age, and ‘any person who penetrates with their penis, the vagina, anus or mouth’ with or without the minor’s consent the offence will not be labelled rape but the ‘sexual penetration of a minor under 16’. According to Section 376A(2), whoever is guilty of this offence, will be imprisoned for a term up to 10 years or may be liable for a fine, or both.
If the minor is below 14, then it is statutory rape. According to Section 376A(3), whoever is guilty of this offence, will be imprisoned for a term up to 20 years or may be liable for a fine, or canning.
The common defence is consensual sex, except for a case where the victim is a minor. Consent means agreement and for consent to be a valid defence, there must be consent to the penetrating act itself. Where a person consents to meeting someone late at night, kissing, touching but indicates that she does not want to have intercourse, there is, in law, no consent to penetration. Consent can always be withdrawn at any point of time. It is possible to consent to penetration at first, and for a change of mind to take place. Any further sexual penetration after someone changes their mind is deemed to be rape.