A person who by violent action or direct menace against life or limb forces a woman to have sexual intercourse, or uses the incapacity of the woman for defence or for the manifestation of her will for sexual intercourse, commits a felony and shall be punishable with imprisonment between two to eight years.
Legal Source
Criminal Code, Section 197
Observations
Special circumstances (in the same legal provision):
- The punishment shall be imprisonment from five years to ten years, if a) the victim is under twelve years of age, b) the victim is under the education, supervision, care or medical treatment of the perpetrator, c) more than one person have sexual intercourse with the victim on the same occasion, knowing about each other’s acts.
- The punishment shall be imprisonment between five to fifteen years if the provisions of Paragraph b) or c) of Subsection (2) also apply to rape committed against a victim under twelve years of age.