(a)penetrates, with A’s penis, the anus or mouth of another person (B); or
Section history
Section 376 — Sexual assault by penetration
As in force on 30 November 2008.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(1)Any man (A) who —
(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.
[UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]