§ 376AA — Exploitative sexual penetration of minor of or above 16 but below 18 years of age

376AA.—(1) Any person (A) who is in a relationship that is exploitative of a person of or above 16 years of age but below 18 years of age (B) shall be guilty of an offence if A —(a)

penetrates, with A’s penis, if A is a man, the vagina, anus or mouth, as the case may be, of B;

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of B;

(c)

causes B, if a man, to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(d)

causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of any person including A or B.[15/2019]

(2) For the purposes of subsection (1) —(a)

it is not necessary for the prosecution to prove that B did or did not consent to the act mentioned in that subsection; and

(b)

to avoid doubt, it is not a defence that B did consent to that act.[15/2019]

(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.[15/2019]

—(1) Any person (A) who is in a relationship that is exploitative of a person of or above 16 years of age but below 18 years of age (B) shall be guilty of an offence if A —(a)

penetrates, with A’s penis, if A is a man, the vagina, anus or mouth, as the case may be, of B;

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of B;

(c)

causes B, if a man, to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(d)

causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of any person including A or B.[15/2019]

(2) For the purposes of subsection (1) —(a)

it is not necessary for the prosecution to prove that B did or did not consent to the act mentioned in that subsection; and

(b)

to avoid doubt, it is not a defence that B did consent to that act.[15/2019]

(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.[15/2019]