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).