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offenses of the 2004 penal code of bhutan outlaws rape and other sexual offenses 42 under the criminal code there are several categories of rape which are punished differently depending on factors such as the age of the victim the relationship between the victim and the perpetrator the number of participants gang rape whether the victim was pregnant whether injury occurred marital rape is also recognized as an offense under the 2004 laws being classified as a petty misdemeanour the most serious form of rape is gang rape of a child under twelve years of age classified as a felony of the first degree rape a defendant shall be guilty of the offence of rape if the defendant has sexual intercourse with another person a without the person s consent or with consent when consent is obtained by putting the person or a third person in fear of death or of grievous hurt b compels the other person to submit to sexual intercourse by force or by threat of imminent death bodily injury or serious bodily injury or the commission of a felony to that person or a third person c substantially impairs the other persons ability to appraise or control the conduct by administering drugs intoxicants or other substances without consent for the purpose of preventing the person s resistance to the sexual intercourse or d renders the other person unconscious for the purpose of committing sexual intercourse the most serious sexual offense is gang rape of a child under 12 gang rape of a child below twelve years of age a defendant shall be guilty of the offence of gang rape of a child below the age of twelve years when two or more persons engage in a sexual intercourse with a child below the age of twelve years grading of gang rape of a child below twelve years of age the offence of gang rape of a child below twelve years of age shall be a felony of the first degree marital rape is illegal marital rape a defendant shall be guilty of marital rape if the defendant engages in sexual intercourse with one s own spouse without consent or against the will of the other spouse grading of marital rape the offence of marital rape shall be a petty misdemeanour canada edit main article sexual assault law of canada the criminal code does not contain an offence of rape which historically required proof of penile penetration for a conviction instead the law criminalizes sexual assault which is defined as sexual contact with another person without that other person s consent the offence of sexual assault is broader than the historical offence of rape proof of penetration is not required to ground the offence of sexual assault nor is the offence gender specific consent is defined in section 273 1 1 of the criminal code as the voluntary agreement of the complainant to engage in the sexual activity in question 43 france edit in the french penal code fr 44 any act of sexual penetration whatever its nature committed against another person or on the perpetrator by violence constraint threat or surprise is rape rape is punished by a maximum of fifteen years criminal imprisonment rape is punished by a maximum of twenty years criminal imprisonment in certain aggravating factors including victim under age of 15 rape is punished by a maximum of thirty years criminal imprisonment where it caused the death of the victim rape is punished by a maximum of imprisonment for life when it is preceded accompanied or followed by torture or acts of barbarity ireland edit in republic of ireland law there are two separate offences of rape 45 46 47 rape at common law restricted to vaginal penetration by penis rape under section 4 of the criminal law rape amendment act 1990 as amended for anal or oral penetration by penis or vaginal penetration by inanimate object the offences have the same penalty of life imprisonment and the same provisions regarding conduct of trials 48 except that rape under section 4 is an alternative verdict in a rape trial but not conversely 49 the common law offence was codified by the offences against the person act 1861 and the criminal law rape act 1981 46 a statutory definition was introduced by section 2 1 of the 1981 act 50 as amended it states 51 52 a man commits rape if a he has sexual intercourse with a woman who at the time of the intercourse does not consent to it and b at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it and references to rape in this act and any other enactment shall be construed accordingly the act also restricted reference to the alleged victim s past sexual history 50 53 and provided anonymity for both parties 50 54 originally the act referred to unlawful sexual intercourse the word unlawful intended to preserve the exemption for marital rape was deleted by the 1990 act 55 52 56 section 4 of the 1990 act defines rape under section 4 as follows 57 in this act rape under section 4 means a sexual assault that includes a penetration however slight of the anus or mouth by the penis or b penetration however slight of the vagina by any object held or manipulated by another person by section 2 of the 1990 act sexual assault is defined in terms of indecent assault which is not otherwise defined 58 the 1988 law reform commission lrc report on rape and allied offences on which the 1990 act was based recommended expanding the common law definition rather than creating a new offence and the inclusion of penetration of the anus in the scope of section 4 b 58 the 1990 act mandated that trials for both rape offences be at the central criminal court 55 59 removed the rule that males under 14 were considered incapable of sexual 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 thr...
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