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Section history

Section 376 — Sexual assault by penetration

As in force on 1 February 2008.

Timeline 6 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 30 November 2008 Revised edition
  4. 1 January 2020 Act 15 of 2019
  5. 1 March 2022 Act 23 of 2021
  6. 17 August 2026 Latest
Amended in force 1 February 2008 by Penal Code (Amendment) Act 2007
376.Punishment for rape

(1)Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(2)Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman —

(a)voluntarily causes hurt to her or to any other person; or

(b)puts her in fear of death or hurt to herself or any other person,

and whoever commits rape by having sexual intercourse with a woman under 14 years of age without her consent, shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

376.Sexual assault by penetration

(1)Any man (A) who —

(a)penetrates, with A’s penis, the anus or mouth of another person (B); or

(b)causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,

shall be guilty of an offence if B did not consent to the penetration.

(2)Any person (A) who —

(a)sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B);

(b)causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person (C); or

(c)causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,

shall be guilty of an offence if B did not consent to the penetration.

(3)Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(4)Whoever —

(a)in order to commit or to facilitate the commission of an offence under subsection (1) or (2) ––

(i)voluntarily causes hurt to any person; or

(ii)puts any person in fear of death or hurt to himself or any other person; or

(b)commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.