(1) A person (A) commits an offence if—
(a) A intentionally sexually penetrates another person (B); and
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents to the penetration.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
Note to s. 38(2) inserted by No. 65/2016 s. 20(12).
An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
S. 38(3) repealed by No. 47/2016 s. 10(1).
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Note to s. 38 inserted by No. 47/2016 s. 10(2).
An exception applies to this offence—see section 48A.
S. 39 substituted by No. 74/2014 s. 4.