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376. (1) Subject to subsections (2), (3) and (4), whoever commits rape shall be punished with *imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

(2) Whoever commits rape on a woman under any of the following circumstances:

(a) at the time of, or immediately before or after the commission of the offence, causes hurt to her or to any other person

(b) at the time of, or immediately before or after the commission of the offence, puts her in fear of death or hurt to herself or any other person;

(c) the offence was committed in the company of or in the presence of any other person;

(d) without her consent, when she is under sixteen years of age;

(e) with or without her consent, when she is under twelve years of age;

(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;

(g) at the time of the offence the woman was pregnant;

(h) when by reason or on occasion of the rape, the woman becomes insane;

(i) when he knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is or may be transmitted to the woman;

(j) when by reason or on occasion of the rape, the woman commits suicide; or

(k) when he knew of the mental disability, emotional disorder or physical handicap of the woman at the time of the commission of the crime,

shall be punished with imprisonment for a term of not less than *ten years and not more than thirty years and shall also be liable to whipping.

(3) Whoever commits rape on a woman whose relationship to him is such that he is not permitted under the law, religion, custom or usage, to marry her, shall be punished with imprisonment for a term of not less than eight years and not more than thirty years, and shall also be punished with hipping of not less than ten strokes.

(4) Whoever whilst committing or attempting to commit rape causes the death of the woman on whom the rape is committed or attempted shall be punished with death or imprisonment for a term of not less than fifteen years and not more than thirty years, and shall also be punished with whipping of not less than ten strokes.

*NOTE—Previously “imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping”–see section 9 of the Penal Code (Amendment) Act 2003 [Act A1210].

*NOTE—Previously “five years”–see section 19 of Penal Code (Amendment) Act 2014 [Act 1471].