shall be liable upon conviction on indictment to be kept A.D. 1924. in penal servitude for five years or any shorter term. girl, and (2) Nothing in this section shall take away or causing, &c. diminish any liability to be prosecuted and punished her prosti5 as an accessory to any offence which would have been tution. incurred if this section had not been enacted, so, however, that no person be twice punished for the same offence. ment of the law of rape. 40.-(1) For the purposes of this Act, and of every Declaration 10 Act passed after the commencement of this Act, and and amendof the common law, rape is the unlawful carnal knowledge of a woman without her conscious consent to the particular unlawful carnal knowledge, or with her conscious consent thereto in any of the following cases, 15 namely 20 25 30 335 40 (a) If the consent is obtained by violence or (b) If the consent is obtained by any intimidation (c) If the consent is obtained by any false pre- A.D. 1924. Punishment (2) For the purposes of this section (a) If a person causes or encourages or persuades a woman to take any drug or intoxicating liquor he administers to her that drug or intoxicating liqour; and (b) The expression "administer" and "administration" include apply and application respectively; and (c) The expression "drug" includes any medicine or preparation. 41. (1) If any person commits rape he shall be for rape, &c. guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude for ten years or any shorter term. Punishment for sexual immorality with boy under eighteen. (2) If any person (a) attempts to commit rape; or (b) commits any assault with intent to commit rape; 5 10 15 he shall be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude 20 for five years or any shorter term. 42. (1) If any woman of or over the age of eighteen years induces, or attempts to induce, or permits any male person under the age of sixteen years (a) to have or attempt to have unlawful carnal 25 knowledge of her; or (b) to commit, in public or private, with her any act of gross indecency; she shall be guilty of a misdemeanour. (2) If any woman of or over the age of eighteen 30 years induces, or attempts to induce, or permits any male person of or over the age of sixteen years and under the age of eighteen years to have or attempt to have unlawful carnal knowledge of her she shall be guilty of a misdemeanour. (3) A woman of or over the age of eighteen years guilty of a misdemeanour under this section shall be liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years: 35 40 Provided that where a woman of or over the age of A.D. 1924. eighteen years is charged before a court of summary jurisdiction with an offence under paragraph (b) of subsection (1) of this section the court may, if it so 5 think fit, but subject to the provisions of section seventeen of the Summary Jurisdiction Act, 1879, deal 42 & 43 Vict. summarily with the case, and in that event she shall be c. 49. liable to be imprisoned, with or without hard labour, for any term not exceeding twelve months. 10 43. (1) If any male person commits, or attempts Acts of gross to commit, any act of gross indecency with another male indecency person he shall be guilty of a misdemeanour. (2) If any person procures, or attempts to procure, or solicits any male person for or to the commission of any 15 act of gross indecency with another male person, whether any particular male person or generally, he shall be guilty of a misdemeanour. 20 (3) It shall be immaterial whether the act of gross indecency is or is intended to be in public or private. (4) A person guilty of a misdemeanour under this section shall be liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years. (5) If upon the trial of an indictment for an offence 25 under the next following section, which relates to acts of gross indecency by male adults with boys under sixteen, the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of an offence under this 30 section, they may acquit him of the offence charged in the indictment and find him guilty of that other offence. 35 40 44.-(1) If any male adult commits, or attempts to commit, any act of gross indecency with any boy he shall be guilty of a misdemeanour. between males. Acts of gross indecency by male adults (2) If any person procures, or attempts to procure, with boys or solicits any boy for or to the commission of any act under sixof gross indecency with him by any male adult, whether teen. any particular male adult or generally, he shall be guilty of a misdemeanour. (3) It shall be immaterial whether the act of gross indecency is or is intended to be in public or private. A.D. 1924. the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of having or attempting to have, as the case may be, unlawful carnal knowledge in contravention of this section, they may acquit him of the offence charged in the indictment 5 and find him guilty of that other offence. 33.-(1) If any person has unlawful carnal knowledge of a girl under the age of fourteen years he shall be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude for 10 ten years or any shorter term. (2) If any person (a) attempts to have unlawful carnal knowledge of a girl under the age of fourteen years; or (b) commits any assault upon a girl under the age 15 of fourteen years with intent to have unlawful carnal knowledge of her; he shall be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude for five years or any shorter term. 20 34. (1) If any person has unlawful carnal knowledge of a girl of or over the age of fourteen years and under the age of sixteen years he shall be guilty of a misdemeanour, and shall be liable upon conviction on indictment to be kept in penal servitude for five years 25 or any shorter term. (2) If any person attempts to have unlawful carnal knowledge of a girl of or over the age of fourteen years and under the age of sixteen years he shall be guilty of a misdemeanour, and shall be liable upon conviction on 30 indictment to be imprisoned, with or without hard labour, for any term not exceeding two years. (3) If upon the trial of an indictment for rape, or for an attempt to commit rape, the jury are not satisfied that the accused person is guilty of the offence charged 35 in the indictment, but are satisfied that he is guilty of an offence under subsection (1) or subsection (2), as the case may be, of this section they may acquit him of the offence charged in the indictment and find him guilty of that other offence. 35. (1) If any person has, or attempts to have unlawful knowledge of a girl of or over the age of sixteen 40 years he shall be guilty of a misdemeanour, and shall be A.D. 1924. liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years. 5 (2) If upon the trial of an indictment for rape, or for an attempt to commit rape, the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of having or attempting to have, as the case may be, unlawful 10 carnal knowledge in contravention of this section, they may acquit him of the offence charged in the indictment and find him guilty of that other offence. 36.-(1) If any male person has, or attempts to have, Incest. carnal knowledge of any woman who is to his knowledge 15 his grand-daughter, daughter, sister, niece or mother, he shall be guilty of a misdemeanour, and shall be liable upon conviction on indictment to be kept in penal servitude for five years or any shorter term : Provided that if it is alleged in an indictment for 20 having carnal knowledge in contravention of this section. that the woman was under the age of fourteen years, the maximum term of penal servitude which may be imposed shall be ten instead of five years. (2) If any woman of or over the age of eighteen years 25 induces or permits her grandfather, father, brother, uncle or son to have, or attempt to have, carnal knowledge of her (knowing him to be grandfather, father, brother, uncle or son, as the case may be), she shall be guilty of a misdemeanour, and shall be liable upon conviction on 30 indictment to be kept in penal servitude for five years or any shorter term. 35 (3) In this section (a) the expressions "brother" and "sister" in- (b) the expressions "uncle and "niece mean and the provisions of this section shall apply whether 40 the relationship between the person charged with an offence under this section and the person with whom the offence is alleged to have been committed, is, or is not traced through lawful wedlock. |