CAP. 62A Sexual Offences Sexual Offences [Rev. 2012] “intermediary” means a person authorized by a court, on account of his or her expertise or experience, to give evidence on behalf of a vulnerable witness and may include a parent, relative, psychologist, counsellor, guardian, children’s officer or social worker; “law enforcement officer” means any person whose duties involve law enforcement and includes but is not limited to a police officer as defined under the Police Act; “person with mental disabilities” means a person affected by any mental disability irrespective of its cause, whether temporary or permanent, and for purposes of this Act includes a person affected by such mental disability to the extent that he or she, at the time of the alleged commission of the offence in question, was— (a) unable to appreciate the nature and reasonably foreseeable consequences of any act described under this Act; (b) able to appreciate the nature and reasonably foreseeable consequences of such an act but unable to act in accordance with that appreciation; (c) unable to resist the commission of any such act; or (d) unable to communicate his or her unwillingness to participate in any such act; “Minister” means the Minister for the time being responsible for matters relating to legal affairs and public prosecutions; “penetration” means the partial or complete insertion of the genital organs of a person into the genital organs of another person; “sexual offence” means any offence prescribed in this Act; and “vulnerable person” means a child, a person with mental disabilities or an elderly person and “vulnerable witness” shall be construed accordingly. [Act No. 7 of 2007, Sch., Act No. 6 of 2009, Sch.] 3. Rape (1) A person commits the offence termed rape if— (a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs; (b) the other person does not consent to the penetration; or (c) the consent is obtained by force or by means of threats or intimidation of any kind. (2) In this section the term “intentionally and unlawfully” has the meaning assigned to it in section 43 of this Act. (3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life. [Issue 1] S9 - 6