Legal definition of rape

From the Penal Code, Chapter 6, Section 1:

 ”A person who by assault or otherwise by violence or by threat of a criminal act forces another person to have sexual intercourse or to undertake or endure another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape to imprisonment for at least two and at most six years.”

The same applies if someone, through sexual intercourse or a sexual act comparable with intercourse, exploits someone who is in a helpless state. This could be because that person is unconscious, asleep, is drunk or under the influence of drugs, is ill, injured or has some form of physical disorder.

If the crime is gross, the perpetrator (the one who committed the crime) can be sentenced to prison for up to ten years. This could happen in the event of a gross rape, where the perpetrator has been particularly threatening or violent and has shown considerable ruthlessness, or where there was more than one perpetrator. Law (2005:90).

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