§ 1.—(1) It is an offence for a man to commit rape.
§ (2) A man commits rape if—
- (a) he has sexual intercourse with a woman who at the time of the intercourse does not consent to it; and
- (b) at that time he knows she does not consent to the intercourse or is reckless as to whether she consents to it.
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(3) A man who induces a married woman to have sexual intercourse with him by impersonating her husband commits rape.
(4) Subsection (2) above applies for the purpose of any enactment.
(2) In sections 2(1) and 3(1) of the Sexual Offences Act 1956 (Procuration of women to have unlawful sexual intercourse) the word "unlawful" shall be omitted.
§ (3) Section 1(1) of the Sexual Offences (Amendment) Act 1976 (which is superseded by this section) shall cease to have effect.
§ (4) The Sexual Offences (Amendment) Act 1976 shall be amended in accordance with subsections (5), (6), (7) and (8) below.
§ (5) In section 4(1) (Anonymity of complainants in rape etc. cases), at the beginning, there shall be inserted the words "Subject, in the case of marital rape offence, to the modifications of this section made by section 4A of this Act,".
§ (6) After section 4, there shall be inserted the following section—