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Rigorous imprisonment of at least seven (7) years which may extend to a maximum of twenty (20) years with fine.
The perpetrator will also be ordered to pay compensation of an amount determined by the court to the victim-survivor for injuries caused. Injuries do not have to be physical.
In the following instances the minimum punishment for rape would be rigorous imprisonment for not less than ten (10) years.
Where a public officer or a person in a position of authority takes advantage of his official position and commits rape on a woman in his officially custody or wrongfully restrains and commits rape on a woman.
Where a member of the management or the staff of a remand home or other place of custody established by or under law, or of a women’s or children’s institution (an institution for the reception and care of women and children howsoever described), takes advantage of his position and commits rape on any woman inmate of such remand home, place or custody institution.
Where a person on the management or staff of a hospital takes advantage of his position and commits rape on a woman in that hospital.
Where a man commits rape on a woman he knows to be pregnant.
Where a man commits rape on a woman who is under eighteen years of age.
Where a man commits rape on a woman who is physically or mentally disabled.
Where gang rape occurs. Gang rape occurs where the offence of rape is committed by one or more persons or group. Therefore, it is sufficient that only one person engaged in the actual act of sexual intercourse as long as the others in the group abetted in the commission of such offence.
The minimum punishment for rape will be rigorous imprisonment of not less than fifteen (15) years where the rape victim is less than 16 years of age and is the perpetrator’s:
Daughter/ granddaughter
Adoptive daughter/ adoptive granddaughter
Sister/ half sister/ adoptive sister
Niece/ half niece/ adoptive niece
Step daughter/ step granddaughter
Failure to pay compensation as ordered by the court will result in an extension of the term of imprisonment by a maximum of two (2) years.
The perpetrator will also be ordered to pay compensation of an amount determined by the court to the victim-survivor for injuries caused. Injuries do not have to be physical.
In the following instances the minimum punishment for rape would be rigorous imprisonment for not less than ten (10) years.
Where a public officer or a person in a position of authority takes advantage of his official position and commits rape on a woman in his officially custody or wrongfully restrains and commits rape on a woman.
Where a member of the management or the staff of a remand home or other place of custody established by or under law, or of a women’s or children’s institution (an institution for the reception and care of women and children howsoever described), takes advantage of his position and commits rape on any woman inmate of such remand home, place or custody institution.
Where a person on the management or staff of a hospital takes advantage of his position and commits rape on a woman in that hospital.
Where a man commits rape on a woman he knows to be pregnant.
Where a man commits rape on a woman who is under eighteen years of age.
Where a man commits rape on a woman who is physically or mentally disabled.
Where gang rape occurs. Gang rape occurs where the offence of rape is committed by one or more persons or group. Therefore, it is sufficient that only one person engaged in the actual act of sexual intercourse as long as the others in the group abetted in the commission of such offence.
The minimum punishment for rape will be rigorous imprisonment of not less than fifteen (15) years where the rape victim is less than 16 years of age and is the perpetrator’s:
Daughter/ granddaughter
Adoptive daughter/ adoptive granddaughter
Sister/ half sister/ adoptive sister
Niece/ half niece/ adoptive niece
Step daughter/ step granddaughter
Failure to pay compensation as ordered by the court will result in an extension of the term of imprisonment by a maximum of two (2) years.
