Criminal Code (CC)

Under the CC, rape is when any person has sexual intercourse with a woman or girl, without her consent, or incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:

• By force/threat/intimidation
• By means of false and fraudulent representation as to the nature of the act,
• By a person impersonating a married woman’s husband in order to have sex

Under the CC, sexual intercourse with under aged girls or people with unsound mind are the offence of defilement, and so technically a person could be charged for rape and defilement.