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B. Consent

One of the elements of rape is the absence of consent by the victim to sexual intercourse. The prosecution must prove either that the defendant knew the victim did not consent or that he was reckless whether the victim consented or not. The word “unlawful” in section 118 of the Crimes Ordinance adds nothing to the contemporary definition of rape. Unlawful sexual intercourse occurs where the victim does not consent, the man either knows there is no consent or presses ahead regardless of whether there is consent or not. Unlawful sexual intercourse can include sexual intercourse between a man and his wife (marital rape).