Art. 198 Rape . — CRIMINAL CODE

(1) Whosoever shall engage in non-consensual carnal

connection, that is to say, vaginal, anal or oral penetration with any

sexual organ of the body of another person, shall, on conviction, be

liable to imprisonment for a term from six (6) to twelve (12) years

Provided that whosoever shall engage in non-consensual

vaginal, anal, or oral penetration with any other part of the body not

mentioned in sub-article (1) on the body of another person, shall,

on conviction, be liable to imprisonment for a term from three (3)

to nine (9) years

Provided further that penetration with any bodily part shall

be deemed to be complete by its commencement, and it shall not be

necessary to prove any further acts.

(1A) Whosoever shall engage in non-consensual vaginal, anal

or oral penetration of a sexual nature with an object, whether the

object is intended for activities of a sexual nature or otherwise,

shall, on conviction, be liable to imprisonment for a term from

three (3) to twelve (12) years

Provided that penetration with an object shall be deemed to

be complete by the commencement of the penetration with that

object, and it shall not be necessary to prove any further acts.

(2) Whosoever by force, bribery, deceit, deprivation of liberty,

improper pressure or any other unlawful conduct or by threats of

such conduct, causes another person to engage in any of the non-

consensual acts described in the preceding sub-articles with any

person shall, on conviction, be liable to the punishment mentioned in the

same sub-articles.

(3) The acts referred to in sub-articles (1) and (1A) shall be

deemed to be non-consensual unless consent was given voluntarily,

as the result of the person’s free will, assessed in the context of the

surrounding circumstances and the state of that person at the time,

taking into account that person’s emotional and psychological state,

amongst other considerations.

(4) In addition to any punishment to which the person

convicted of an offence under this article may be sentenced, the

Court may order the offender to make restitution to the injured

party of any property or proceeds stolen or knowingly received or

obtained by fraud or other unlawful gain to the detriment of such

party by or through the offence, or to pay to such party such sum of

money as may be determined by the Court as compensation for any

such loss as aforesaid or for any damages or other injury or harm,

including moral and, or, psychological harm caused to such party

by or through the offence, and any such order may include both a

direction to make restitution and, in default, to pay as aforesaid.

The order shall constitute an executive title for all intents and

purposes of the Code of Organization and Civil Procedure.

(5) When issuing an order under sub-article (4), the Court may

direct that such costs or damages are paid in instalments, in particular,

having regard to any other obligations which the offender has towards

the victim or any of the victim’s dependants.

← Art. 197 Prostituting of descendant under age by ascendant. CRIMINAL CODE Art. 199 Abduction. →