Unlawful sexual intercourse

(1) Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life. (2) Every person who has unlawful sexual intercourse with a person who is above the age of fourteen years but under the age of sixteen years, commits an offence and is liable on conviction on indictment to imprisonment for a term that is not less than five years but no more than ten years, provided that with regard to sub-section (2) – (i) in the case of a person who is charged with a crime under that subsection who is under the age of eighteen years, the presence of reasonable cause to believe that that other person was above the age of sixteen years shall be a valid defence on the first occasion on which such accused person is charged with a crime under that subsection; or (ii) in the case of a person who is charged with a crime under that subsection who is of or above the age of eighteen years, the presence of reasonable cause to believe that the complainant was over the age of sixteen years shall be a mitigating circumstance for the purpose of sentencing on the first occasion on which such accused person is charged with a crime under that subsection, and in any such case the mandatory minimum sentence of five years prescribed above shall not apply.