Rape shall be punishable with imprisonment of between five to twenty years, and optionally residency prohibition of between one to five years. If the rape was committed with help from several people or on a child less than fifteen years, the offender shall be punishable with twenty years imprisonment, residency prohibition of twenty years, and the judges may not, by declaring the existence of mitigating circumstances, reduce the penalty to below imprisonment of five years. If the rape was committed in the two aggravating circumstances provided for in the preceding sub paragraph, the penalty shall be life imprisonment. If the perpetrators are the ascendants of the rape victim, those who have authority over the victim, or those responsible for his/her upbringing, his/her custody or are the employees of the persons named herein above, no suspended sentence may be ordered during enforcement. Article 18 of the Penal Code: If the court finds that mitigating circumstances exist for the offender, it will rule as follows: 1° If he/she faces the death penalty, life imprisonment or imprisonment of between five to twenty years ; 2°) If he/she faces life imprisonment, imprisonment of between five to twenty years or imprisonment of between two to five years; 3° If he/she faces imprisonment of between five to twenty years or imprisonment of between two to five year; In the cases provided for in the three preceding paragraphs, residence prohibition may be ordered ; 4°) If the offender faces imprisonment, the court, when declaring the existence of mitigating circumstances, even in an instance of repeat offence, may reduce this sentence below eleven days and the fine to 18,000 francs or to a lesser sum ; 5°) If he/she faces both imprisonment and a fine, the court may separately hand down either one of these penalties; 6° If he/she faces a fine, this may be reduced to penalties for simple offences. The court may not, in any case, extend the benefits of mitigating circumstances to the perpetrator of a felony or misdemeanour committed when drunk. The attribution of mitigating circumstances may not, in any case, alter the nature of the offence. Article 346 of the Criminal Procedure Code: The decision of guilt shall be taken based on a simple majority. However, as concerns mitigating circumstances any decision which does not favour an accused facing the death penalty, shall be taken based on a majority of at least five votes.