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exual offences 55 60 and relaxed the obligation to warn the jury about an alleged victim s uncorroborated testimony 55 61 it also specifies that failure to offer resistance is not evidence of consent 62 greece edit penal code art 336 par 1 creates the offence of rape 63 it reads whoever with physical violence or with threat of grave and direct danger forces another to intercourse or to tolerance or action of an indecent act is punished with incarceration in 2019 a new paragraph was added art 336 par 5 practically making lack of consent the sole criterion for rape 64 it reads whoever apart from the case of paragraph 1 attempts intercourse without the consent of the victim is punished with incarceration of up to ten years marital rape was made illegal in 2006 65 66 guatemala edit the 2009 law against sexual violence exploitation and trafficking in persons defines rape as follows 67 rape whoever by physical or psychological violence has vaginal anal or oral sexual intercourse with another person or inserts any body part or object by these methods or compels another to do so shall be punished with imprisonment from eight to twelve years also the offense is committed when a victim is a person younger than fourteen years or a person with a volitional or cognitive impairment even in the absence of physical or psychological violence the penalty shall be imposed without prejudice to the penalties that may apply for the commission of other offenses india edit in 2019 the indian supreme court ruled that sex on a false promise of marriage constitutes rape 68 iran edit defined as any sexual act without full voluntary consent from an adult or any sexual act with a minor the sentence for a rape case in iran is death by hanging in public squares or prisons 69 israel edit in israel the definition of the criminal offence of rape is as follows 70 rape 345 a if a person had intercourse with a woman 1 without her freely given consent 2 with the woman s consent which was obtained by deceit in respect of the identity of the person or the nature of the act 3 when the woman is a minor below age 14 even with her consent 4 by exploiting the woman s state of unconsciousness or other condition that prevents her from giving her free consent 5 by exploiting the fact that she is mentally ill or deficient if because of her illness or mental deficiency her consent to intercourse did not constitute free consent then he committed rape and is liable to sixteen years imprisonment new zealand edit rape is part of the statutory offence of sexual violation sexual violation is created by section 128 of the crimes act 1961 sexual violation is defined as follows 71 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 consent edit a person allowing sexual connection to be performed on them does not automatically mean that they are legally consenting if that person allows sexual connection due to coercion e g under force threats or fear of force when he she is asleep or affected by alcohol or a drug if he she is affected by an intellectual mental or physical condition or impairment of a certain nature and degree when he she is mistaken about the partner s identity then he she is not legally consenting 128a allowing sexual activity does not amount to consent in some circumstances 72 1 a person does not consent to sexual activity just because he or she does not protest or offer physical resistance to the activity 2 a person does not consent to sexual activity if he or she allows the activity because of a force applied to him or her or some other person or b the threat express or implied of the application of force to him or her or some other person or c the fear of the application of force to him or her or some other person 3 a person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious 4 a person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity 5 a person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual mental or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity 6 one person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is 7 a person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality 8 this section does not limit the circumstances in which a person does not consent to sexual activity 9 for the purposes of this section allows includes acquiesces in submits to participates in and undertakes sexual activity in relation to a person means a sexual connection with the person or b the doing on the person of an indecent act that without the person s consent would be an indecent assault of the person attempted sexual violation and assault with intent to commit sexual violation are also punished article 129 73 article 129a 74 is entitled sexual conduct with consent induced by certain threats and makes it illegal for a person to have sexual connection with another person or to do an indecent act on another person when the accused knows that the other person has been induced to consent to the connection act by threat however a person is guilty of this crime if and only if he or she knows that the other person has been induced to consent to the sexual connection indecent act by an express or implied threat subsection 5 a b c of this article defines threat for the purpose of this article article 135 75 outlaws indecent assault article 138 76 outlaws sexual exploitation of a person with a significant impairment norway edit in norway rape is defined under the norwegian penal code 77 192 as either engaging in sexual activity by means of violence or threatening behaviour engaging in sexual activity with somebody who is unconscious or for any other reason incapable of resisting the act or by means of violence or threatening behaviour compelling any person to engage in sexual activity with another person or to carry out similar actions with him or herself when any of these circumstances occur a person guilty of rape is punishable by up to 10 years imprisonment however if a person is guilty of rape through gross negligence he or she is liable to imprisonment for a period not exceeding five years if the activity in question was sexual intercourse or the offender has rendered a person unconscious or unable to resist the sexual activity the penalty imposed shall be no less than three years imprisonment further the same section defines aggravated rape as a rape committed by multiple persons in cooperation gang rape in a particularly painful or offensive manner by a person previously convicted of rape under 192 or of sexual activity with a child under the age of 14 as per 195 of the penal code in such a way that the victim either dies or receives grievous bodily harm the section recognizes sexually transmitted infections defined in the infection protection act as grievous bodily harm philippines edit article 266 a of the revised penal code title eight of act no 3815 provides that article 266 a rape when and how committed rape is committed 1 by a man who shall have carnal knowledge of a woman under any of the following circumstances a through force threat or intimidation b when the offended party is deprived of reason or otherwise unconscious c by means of fraudulent machination or grave abuse of authority and d when the offended party is under twelve 12 years of age or is demented even though none of the circumstances mentioned above be present 2 by any person who under any of the circumstances mentioned in paragraph 1 hereof shall commit an act of sexual assault by inserting his penis into another person s mouth or anal orifice or any instrument or object into the genital or anal orifice of another person 78 chapter 3 of this code which relates to rape was inserted by the anti rape law of 1997 79 by section 2 of that act the crime of rape is classified as a crime against persons under that code on march 3 2022 republic act ra no 11648 was signed and it changed the definition of rape into by a person who shall have carnal knowledge of another person effectively making male rape a crime 80 russia edit according to article 131 of the criminal code of russia rape is defined as heterosexual vaginal intercourse using violence or threat of violence or if the victim is in a helpless state the other forms of a violent sexual intercourse male male female male female female and non vaginal male female are called coercive sexual actions and are punishable by article 132 these two crimes however are punishable identically besides such crimes as sexual relations with a person under the age of consent 16 years as of 2013 article 134 and depraved actions article 135 if committed against a person under 12 years since 2012 are considered rape or coercive sexual actions depending on sex of the offender and the victim and the type of intercourse and punished according to articles 131 or 132 because such victim is deemed to be in a helpless state due to his her age however article 134 punishes sexual activity between same sex pairings more harshly than sexual activity between opposite sex pairings when one of the persons is under 16 years old rape or coercive sexual actions without any aggravating circumstances are punishable with 3 to 6 years of imprisonment if the crime was committed repeatedly against one or more than one victim was committed by a group of criminals was committed with a threat of murder or grievous harm to health was committed with particular cruelty e g the criminal used violence that caused severe physical pain or the crime was committed in presence of relatives of the victim caused an std infection then it is punishable with 4 to 10 years of imprisonment with possible subsequent restraint of liberty for up to 2 years i e the criminal may not change or leave residence without permission and must register himself at local penal inspectorate 1 to 4 times a month court may also impose additional restrictions such as the criminal may not leave home in certain hours visit certain locations change work without permission if the crime was committed against a person between 14 and 18 years caused grievous harm to health hiv infection or other grievous consequences e g suicide of the victim then it is punishable with 8 to 15 years of imprisonment with the subsequent mandatory restraint of liberty for up to 2 years and a possible ban on certain occupations or employment positions for up to 20 years if the crime caused the death of the victim by inadvertency was committed against a person under 14 years then it is punishable with 12 to 20 years of imprisonment with the subsequent mandatory restraint of liberty for up to 2 years and a possible ban on certain occupations or employment positions for up to 20 years if the crime was committed against a person under 14 years by the criminal who had previously been sentenced for a sexual crime against a minor then it is punishable with 15 to 20 years of imprisonment with mandatory ban on certain occupations or employment positions for up to 20 years or with life imprisonment 81 slovakia edit law no 300 2005 criminal law paragraph 199 82 rape 1 whoever forces a woman to have intercourse by force or the threat of immediate violence or who exploits her defenselessness for such an act shall be punished by imprisonment for five to ten years 2 the offender shall be punished by imprisonment for seven to fifteen years if he commits the act referred to in section 1 a a more serious way of acting b on a protected person c for a special motive d on a woman in detention or serving a prison sentence or e joint action of at least two persons 3 the offender shall be punished by imprisonment for fifteen to twenty years if he commits the act referred to in section 1 and a causes serious injury to health or b immediately endangers the life of the child 4 the offender shall be punished by imprisonment for twenty to twenty five years if he commits the act referred to in section 1 a and causes death by it or b in a crisis situation south africa edit in south africa rape is defined by the criminal law sexual offences and related matters amendment act 2007 act no 32 of 2007 83 this act abolished the common law offence of rape and replaced it with a new expanded statutory offence of rape applicable to all forms of sexual penetration without consent irrespective of gender rape is defined in section 3 of the act as follows any person a who unlawfully and intentionally commits an act of sexual penetration with a complainant b without the consent of b is guilty of the offence of rape and sexual penetration is defined as any act which causes penetration to any extent whatsoever by a the genital organs of one person into or beyond the genital organs anus or mouth of another person b any other part of the body of one person or any object including any part of the body of an animal into or beyond the genital organs or anus of another person or c the genital organs of an animal into or beyond the mouth of another person the law also clarifies that marital rape is illegal section 56 of the act provides that whenever an accused person is charged with an offence under section 3 4 5 6 or 7 it is not a valid defence for that accused person to contend that a marital or other relationship exists or existed between him or her and the complainant switzerland edit rape is defined as follows 84 art 190 any person who forces a person of the female sex by threats or violence psychological pressure or by being made incapable of resistance to submit to sexual intercourse is liable to a custodial sentence of from one to ten years marital rape was made illegal in 1992 and since 2004 marital rape is prosecutable ex officio meaning it can be prosecuted even if the wife does not complain 85 86 rape of a male is considered a heavy sexual assault thread further explanation needed and is prosecuted under art ...
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