Criminal Code (Cap. 9), article 198

198. (1) Whosoever shall engage in non-consensual carnal connection, that is to say, vagin al, anal or oral penetration w ith any sexual organ of the body of another person, shall, on convictio n, be liable to imprisonment for a term from six (6) to twelve (12) y ears: Provided that whosoever shall engage in non-consensual vaginal, anal, or oral penetration with any other part of the b ody not mentioned in sub-article (1) on the body of another person, sha ll, on conviction, be liable to imprisonment for a term from three (3) to nine (9) years: Provided further that penetration with any bodily part shall be deemed to be complete by its c ommencement, and it shall not be necessary to prove any further acts. (1A) Whosoever shall engage in non-consensual vaginal, anal or oral penetration of a sexual nature with an object, whether the object is intended for activities of a sexual nature or otherwi se, shall, on conviction, be liable to imprisonment for a term from three (3) to twelve (12) years: Provided that penetration with an object shall be deemed to be complete by the commencement of the penetration with that object, and it shall not be nece ssary to prove an y further acts . CRIMINAL CODE [CAP. 9. 97 (2) Whosoever by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct or by threats o f such conduct, causes another person to engage in any of the non - consensual acts described in the preceding sub-articles with an y person shall, on conviction, be liable to the punishment mentioned in the same sub-articles. (3) The acts referred to in sub-articles (1) and (1A) shall be deemed to be non-consensual unless consent was given voluntaril y, as the result of the person’s free will, assessed in the contex t of the surrounding circumstances and the state of that person at the t ime, taking into account that person’s emotional and psychological s tate, amongst other considerations. Cap. 12. (4) In addition to any punishment to which the person convicted of an offence under thi s article may be sentenced, th e Court may order the offender to make restitution to the injured party of any property or proceed s stolen or knowingly received or obtained by fraud or other unlawful gain to the detriment of su ch party by or through the offence, or to pay to such party such s um of money as may be determined by the Court as compensation for any such loss as aforesaid or for a ny damages or other injury or ha rm, including moral and, or, psychological harm caused to such part y by or through the offence, and any such order may include both a direction to make restitution and, in default, to pay as afores aid. The order shall constitute an executive title for all intents a nd purposes of the Code of Organization and Civil Procedure . (5) When issuing an order under sub-article (4), the Court may direct that such costs or damage s are paid in instalments, in p articular, having regard to any other obligations which the offender has t owards the victim or any of the victim’s dependants. Abduction. Amended by: XLIX.1981.4. Substituted by: XIII.2018.24.