Penal Code (PC)

Under the PC, rape is when a man has sexual intercourse with a woman against her will, without her consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:

• By putting her in fear of death or hurt
• By a person impersonating a married woman’s husband in order to have sex

Further under the PC, sex with a girl under 14 years of age or who is of unsound mind is rape, irrespective of whether there is consent. The PC explicitly states that sexual intercourse by a man with his wife is not rape.