Rape is when someone is forced to have sex against his or her
will. It can happen to women or men and can involve being forced to
have sex through violence or through verbal threats.
If you know that a person is not consenting to sex, or if you do
not take care to definitely find out, or if you force a person to
have sex against their will or you give them alcohol or some form
of drug to make them consent, or if the other person is incapable
of giving consent (for example too drunk or under the influence of
drugs) then this is rape.
Going out with someone, being married to them, or if they have
agreed to sex before, are not considered as giving consent to
further sexual activity. If someone does not consent to sex that
they have had then it is rape.
Penetration of a person's vagina, anus or mouth with a penis and
without consent constitutes rape.
In a sexual relationship you have the right
to:
- Choose when to have sex
- Say no to sex
- Ask for want you want
- Say what you don't want
- If you have sexual contact with someone without their consent
you are committing a crime.
- It is illegal to have sex with someone if they are under the
age of 16.
It is an offence for any person 16 years or older to have sex
with a child between 13-15 years inclusive whether or not the child
claimed to have consented. The maximum penalty is 10 years
imprisonment.
It is a serious crime for any person to have sex with a child
under 13 because the law says that children under 13 are not
capable of consenting to sex. The crime is 'rape of a young
child' and whether or not the child claimed to have consented is
irrelavent. The offence is triable at the High Court only,
and the maximum penalty is life imprisonment.