(1) A person commits the offence of unlawful sexual connection with another person if that person has sexual connection with that other person—
(a) without the consent of the other person;
(b) without believing that the other person consents to that sexual connection;
(c) with the consent of the other person if the consent is—
(i) obtained from a person under the age of 16 years,
(ii) extorted by threats or fear of bodily harm to that other person or any other person, or by threats or fear of the application of force to that other person or any other person,
(iii) obtained by impersonating the spouse of that other person,
(iv) obtained by false and fraudulent representations as to the nature of the act,
(v) obtained by the use of the accused's position of authority over that other person;
(d) by the administration to that other person of a drug, matter or thing, with intent to stupefy or overpower that other person or causing that other person to take the same with intent to stupefy or overpower that other person.
(2) In subsection (1) “sexual connection” means—
(a) the introduction, to any extent, into the vagina or the anus of the person of—
(i) any part of the body of any other person, or
(ii) any object held or manipulated by any other person, otherwise than for bona fide medical purposes;
(b) connection between the mouth or tongue of the person and any part of the genitalia of any other person.
(3) A person who commits the offence of unlawful sexual connection is liable on conviction on indictment—
(a) to imprisonment for 14 years; or
(b) to imprisonment for life where the sexual connection is as described in subsection (2)(a)(ii),
unless the Court is of the opinion that, having regard to the particular circumstances of the offence or of the offender, including the nature of the conduct constituting the offence, the offender should not be sentenced to imprisonment.
(4) A husband commits the offence of unlawful sexual connection with his wife without her consent 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 under the Civil Code;
(c) a separation agreement; or
(d) an order for the husband not to molest his wife or have sexual intercourse with her.
(5) The provisions of subsection (4) apply with the necessary modifications to a wife who commits the offence of unlawful sexual connection.
(6) Except for subsections (4) and (5), it is a defence to a charge under this section if the person charged proves that—
(a) the other person consented; and
(b) the person charged—
(i) was not more than 21 years of age at the time of the commission of the offence and has not been previously charged with the same or similar offence, and
(ii) had reasonable cause to believe and did believe that the other person was 16 years of age or more.
(7) Subsection (6) shall not apply if it is proved that—
(a) consent was obtained in the manner specified in section 124(1)(c)(ii)to (v);
(b) the offence was committed under section 124(1)(d); or
(c) the other person is under the age of 12 years.