Rape
Part 1 Sexual Offences
(1)A person (A) commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b)B does not consent to the penetration, and
(c)A does not reasonably believe that B consents.
(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3)Sections 75 and 76 apply to an offence under this section.
(9) “Vagina” includes vulva.
Defined in s.79(9) · see it in the full ActFor rape, the complainant's capacity to consent concerns matters relevant to the complainant's autonomy, rather than the alleged perpetrator's capacity or consent. (see paras [112]-[114]) An accused person's reasonable belief in the complainant's consent requires understanding and weighing that the complainant must be able to consent and must consent throughout. This creates no unnecessary difference from the civil test. (see paras [113]-[114]) Reasonableness is determined from all the circumstances, including steps taken to ascertain consent. This is compatible with requiring a person to understand and weigh continuing consent. (see paras [113]-[114])
The court treated rape as requiring intentional penetration, absence of consent, and no reasonable belief in consent. It held that these circumstances and mental element accompany the intention required for attempted rape, without requiring a separate intention that the complainant not consent. (see paras [9]-[12]; [18]; [24])
Rape is an offence under section 1, but that domestic offence did not itself make rape committed abroad triable in England and Wales before section 72 applied. (see paras [11]; [22]-[24])
27 more judgments, and what each says about section 1, are in the case-law panel in the full Act.
10.Section 1 makes it an offence for a person (A) intentionally to penetrate with his penis the vagina, anus or mouth of another person (B) without that person’s consent if A does not reasonably believe that B consents. Subsection (2) provides that whether a belief in consent is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. This and the offence in section 5 are the only offences that can only be committed by a male, because they relate to penile penetration. Subsection (3) provides that sections 75 and 76 apply to this offence. Sections 75 and 76 deal with evidential and conclusive presumptions about consent.