Section 375. Rape

This section defines rape and outlines the conditions under which a sexual act is considered rape. It includes:

(vii) When she is unable to communicate consent.

(1) A man is said to commit “rape” if he:

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her do so with him or any other person;

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra, or anus of a woman or makes her do so with him or any other person;

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any part of body of such woman or makes her do so with him or any other person;

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person;

under the circumstances falling under any of the following seven descriptions:

(i) Against her will.

(ii) Without her consent.

(iii) With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

(iv) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

(v) With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

(vi) With or without her consent, when she is under eighteen years of age.

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