Rape

A person must not commit rape.
Penalty: Level 2 imprisonment (25 years maximum).

A person commits rape if
- he or she intentionally sexually penetrates another person without that person's consent
- while being aware that the person is not consenting or might not be consenting; or
- while not giving any thought to whether the person is not consenting or might not be consenting; or
- after sexual penetration he or she does not withdraw from a person who is not consenting on becoming aware that the person is not consenting or might not be consenting.

A person (the offender) also commits rape if he or she compels a person
- to sexually penetrate the offender or another person, irrespective of whether the person being sexually penetrated consents to the act; or
- who has sexually penetrated the offender or another person, not to cease sexually penetrating the offender or that other person, irrespective of whether the person who has been sexually penetrated consents to the act.

A person compels another person (the victim) to engage in a sexual act if the person compels the victim (by force or otherwise) to engage in that act
- without the victim's consent; and whilebeing aware that the victim is not consenting or might not be consenting; or
- not giving any thought to whether the victim is not consenting or might not be consenting.

Assault with intent to rape

A person must not assault or threaten to assault another person with intent to commit rape.
Penalty: Level 5 imprisonment (10 years maximum).