Clause 111

by deleting subsection (1) and substituting the following subsection:“(1) Any man (A) who causes another man (B) to penetrate with B’s penis, the anus or mouth of A —

without B’s consent; or

with or without B’s consent, when B is below 14 years of age,shall be guilty of an offence.”;

by inserting, immediately after the word “penis” in subsection (2)(a), the words “, if a man”;

by deleting the words “another person (C)” in subsection (2)(b) and substituting the words “another person including A”;

by inserting, immediately after the word “penis” in subsection (2)(c), the words “, if a man”;

by inserting, immediately after the words “the penetration” in subsection (2), the words “or if B is below 14 years of age, whether B did or did not consent to the penetration”;

by deleting the word “or” at the end of subsection (4)(a);

by deleting paragraph (b) of subsection (4) and substituting the following paragraphs:“(b)commits an offence under subsection (1) or (2) against a person below 14 years of age without that person’s consent; or

commits an offence under subsection (1) or (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,”;

by inserting, immediately after subsection (4), the following subsections:“(5) No person shall be guilty of an offence under subsection (1) or (2) —

for an act of penetration against his or her spouse with the consent of that spouse; or

if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.(6) No man shall be punished under subsection (4)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.”; and

by deleting the word “by” in the section heading and substituting the word “involving”.