(1) Any person who has sexual intercourse with another—
(a) without the consent of that other; or
(b) without believing that the other consents to such intercourse or is reckless as to whether the other person consents or not,
commits the offence of rape and is liable on conviction on indictment to imprisonment for life.
(2) For the purposes of subsection (1), consent is not considered to have been obtained where the complainant submits or does not resist by reason of—
(a) the application of force to the complainant or to any other person;
(b) threats or fear of the application of force to the complainant or to any other person;
(c) the personation of the spouse of the complainant;
(d) false and fraudulent representations as to the nature of the act;
(e) the use of the accused's position of authority over the complainant;
(f) the administration to the complainant of a drug, matter or thing, with intent to stupefy or overpower the complainant or causing the complainant to take the same with intent to stupefy or overpower the complainant; or
(g) intimidation of any kind.
(3) A husband commits the offence of rape where he has sexual intercourse with his wife without her consent by force, fear or the use of a drug or thing with intent to stupefy or overpower her, where there is in existence in relation to them—
(a) a decree nisi of divorce or nullity granted under the Divorce Act;
(b) a decree of judicial separation granted under the Civil Code;
(c) a separation agreement or where the parties are in fact separated; or
(d) a peace binding order or an order for the husband not to molest his wife or have sexual intercourse with her including a protection order from the Family Court.
(4) The provisions of subsection (3) apply with the necessary modifications to a wife who commits the offence of rape.
(5) A husband or wife who commits the offence of rape is liable on conviction to imprisonment for 14 years.
(6) A person under the age of 12 years is deemed incapable of committing the offence of rape.