Penal Code Cap 224 Sec 375, Rape
(1) Any man who
penetrates the vagina of a woman with his penis —
(a) without her consent; or(b) with or without her consent, when
she is under 14 years of age,
shall be guilty of an offence. (2) Subject to
subsection (3), a man who is guilty of an offence under this
section shall be punished with imprisonment for a term which may
extend to 20 years, and shall also be liable to fine or to caning.
(3) Whoever —
(a) in order to commit or to facilitate the commission of an
offence under subsection (1) ––(i) voluntarily causes hurt to the
woman or to any other person; or(ii) puts her in fear of death or
hurt to herself or any other person; or(b) commits an offence under
subsection (1) with a woman under 14 years of age without her
consent,
shall be punished with imprisonment for a term of not less than
8 years and not more than 20 years and shall also be punished
with caning with not less than 12 strokes. (4) No man
shall be guilty of an offence under subsection (1) against his
wife, who is not under 13 years of age, except where at the time of
the offence —
(a) his wife was living apart from him ––(i) under an interim
judgment of divorce not made final or a decree nisi for divorce not
made absolute;(ii) under an interim judgment of nullity not made
final or a decree nisi for nullity not made absolute;(iii) under a
judgment or decree of judicial separation; or(iv) under a written
separation agreement;(b) his wife was living apart from him and
proceedings have been commenced for divorce, nullity or judicial
separation, and such proceedings have not been terminated or
concluded;(c) there was in force a court injunction to the effect
of restraining him from having sexual intercourse with his wife;(d)
there was in force a protection order under section 65 or an
expedited order under section 66 of the Women’s Charter (Cap. 353)
made against him for the benefit of his wife; or(e) his wife was
living apart from him and proceedings have been commenced for the
protection order or expedited order referred to in paragraph
(d), and such proceedings have not been terminated or
concluded.
(5) Notwithstanding subsection (4), no man shall be
guilty of an offence under subsection (1) (b) for an act
of penetration against his wife with her consent.
So, In conclusion.... A man cannot
be raped...
