28
Crimes
2013, No. 10
(f) the person is affected by alcohol or other drug to the
extent that he or she cannot choose to consent or
not to consent to the sexual connection or other
sexual activity; or
(g) the person is affected by an intellectual, mental or
physical condition or impairment, or physical
condition of such a nature or degree that he or she
cannot consent to the sexual connection or other
sexual activity.
(2) The matters in subsection (1)(a) to (g) do not limit the
instances in which the circumstances of sexual connection or
other activity cannot give rise to evidence of consent, or
reasonable belief that there is consent.
(3) It is a defence for the offence of rape that the accused
honestly and reasonably believed that the consent was given.
52. Penalty for sexual violation-(1) A person who commits
rape is liable to imprisonment for life.
(2) A person who commits unlawful sexual connection is
liable to imprisonment for a term not exceeding 14 years.
53. Attempted sexual violation and assault with intent to
commit sexual violation-(1) A person who attempts to commit
sexual violation is liable to imprisonment for a term not
exceeding 14 years.
(2) A person who assaults another person with intent to
commit sexual violation of the other person is liable to
imprisonment for a term not exceeding 14 years.
54. Sexual conduct with consent induced by threats-(1) A
person who has sexual connection with another person knowing
that the other person has been induced to consent to the
connection by threat is liable to imprisonment for a term not
exceeding 14 years.
(2) A person who does an indecent act on another person
knowing that the other person has been induced to consent to the
act by threat is liable to imprisonment for a term not exceeding
seven (7) years.