Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003: (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,(b) B does not consent to the penetration, and(c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.(3) Sections 75 and 76 apply to an offence under this section.