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Section history

Section 376 — Sexual assault by penetration

As in force on 19 December 2018.

Timeline 6 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 30 November 2008 Revised edition
  4. 19 December 2018 You are here
  5. 1 January 2020 Act 15 of 2019
  6. 1 March 2022 Act 23 of 2021
  7. 17 August 2026 Latest
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.

[UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]