128 Sexual violation defined

(1)

Sexual violation is the act of a person who—

(a)

rapes another person; or

(b)

has unlawful sexual connection with another person.

(2)

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—

(a)

without person B’s consent to the connection; and

(b)

without believing on reasonable grounds that person B consents to the connection.

(3)

Person A has unlawful sexual connection with person B if person A has sexual connection with person B—

(a)

without person B’s consent to the connection; and

(b)

without believing on reasonable grounds that person B consents to the connection.

(4)

One person may be convicted of the sexual violation of another person at a time when they were married to each other.

Section 128: replaced, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).