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Section history

Section 375 — Rape

As in force on 15 May 1998.

Timeline 6 versions
  1. 30 March 1987 Enacted
  2. 15 May 1998 You are here
  3. 1 February 2008 Act 51 of 2007
  4. 30 November 2008 Revised edition
  5. 1 January 2020 Act 15 of 2019
  6. 31 December 2021 Revised edition
  7. 17 August 2026 Latest
375.Rape

A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the 5 following descriptions:

(a)against her will;

(b)without her consent;

(c)with her consent, when her consent has been obtained by putting her in fear of death or hurt;

(d)with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;

(e)with or without her consent, when she is under 14 years of age.

Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception.—Sexual intercourse by a man with his own wife, the wife not being under 13 years of age, is not rape.