Clause 112

by inserting, immediately after the word “penis” in subsection (1)(b) and (d), the words “, if a man”;

by deleting the words “with or without B’s consent,” in subsection (1);

by inserting, immediately after subsection (1), the following subsections:“(1A) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a) or (b) read with section 375(3)(b) or (c), 375(1A)(a) or (b) read with section 375(3)(b) or (c), 376(1)(a) or (b) read with section 376(4)(b) or (c), 376(2) (if the victim, B, is of or above 14 years of age) or 376(2) read with section 376(4)(b) or (c).(1B) To avoid doubt —

it is not necessary for the prosecution to prove that B did consent to an act of penetration mentioned in subsection (1); and

it is not a defence that B did consent to that act.”;

by deleting subsection (2) and substituting the following subsection:“(2) Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —

in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and

in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.”; and

by deleting subsection (5).