A person who forces another into sexual intercourse by the use or threat of violence shall be sentenced for rape to imprisonment for at least one year and at most six years.

Legal Source

Criminal Code, Chapter 20, Section 1

Observations

Special circumstances (in the same legal provision):

  • Also a person who, after rendering another person unconscious or arousing in him or her a state of fear or another such state in which he or she is incapable of defending himself or herself, takes advantage of the incapacity and has sexual intercourse with him or her, shall be sentenced for rape.
  • An attempt is punishable.

Aggravated rape (Criminal Code, Chapter 20, Section 2)

  • If, in the rape,(1) grievous bodily injury, serious illness or a state of mortal danger isintentionally inflicted on another,(2) the offence is committed by several people, or especially hard mental or physical suffering is caused,(3) the offence is committed in a particularly brutal, cruel or humiliating manner, or(4) a firearm, edged weapon or other lethal instrument is used or a threat of other serious violence is made,and the rape is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated rape to imprisonment for at least two years and at most ten years.
  • An attempt is punishable.

Coercion into sexual intercourse (Criminal Code, Chapter 20, Section 3)

  • If the rape, in view of the slight degree of the violence or threat and the other particulars of the offence, is deemed to have been committed under mitigating circumstances when assessed as a whole, the offender shall be sentenced for coercion into sexual intercourse to imprisonment for at most three years.
  • Also a person who coerces another into sexual intercourse by a threat other than that referred to in section 1, subsection 1 shall be sentenced for coercion into sexual intercourse.
  • An attempt is punishable.

Coercion into a sexual act (Criminal Code, Chapter 20, Section 4)

  • A person who by violence or threat coerces another into a sexual act other thanthat referred to in section 1 or into submission to such an act, thus essentiallyviolating his or her right of sexual self-determination, shall be sentenced for coercioninto a sexual act to a fine or to imprisonment for at most three years.
  • An attempt is punishable.