Does the law recognise male rape?
Brookside
Posts: 1,381 Forum Member
✭✭✭
Even if it is by a woman?
Just watched something that is why I asked.
Just watched something that is why I asked.
0
Brookside
Posts: 1,381 Brookside
Posts: 1,381
Comments
http://www.cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/
The elements of rape are:
(A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis;
(B) does not consent to the penetration, and
(A) does not reasonably believe that (B) consents
Penetration of the mouth is included.
Rape is still a crime of basic intent, and drunkenness is no defence."
"Assault by penetration (section 2)
The elements of assault by penetration are:
A person (A) intentionally penetrates the vagina or anus of another person (B) with a part of their body or anything else:
The penetration is sexual
(B) does not consent to the penetration, and
(A) does not reasonably believe that (B) consents.
The meaning of sexual, consent, reasonable belief and the evidential and conclusive presumptions all apply to this offence. "
So it looks like they do not consider it to be rape.
Maybe if you used a little imagination and thought of a woman strapping on a lovely 10 inch cock and then sticking it up your arse.
Yeah, you have total erectile control, unlike other men.
Unwanted sexual response is unfortunately common in rape, sometimes a victim (male or female) can even orgasm, even during a brutal attack, which leaves them with all kinds of confused guilt.
It's a physical response. You no more control that than you do your perspiration.
The short answer, legally speaking, is no.
Rape (as it's written in law) must be committed by somebody with a penis. Seeing as women don't have penises, it isn't technically possible.
Women can still be prosecuted for the rape of a male, but it would be considered a sexual assault charge IIRC.
I did originally put unless she uses a dildo where the sun don't shine but deleted it before posting. As that's not rape, yes its sexual assault but not rape.
I never said I had full erectile control did I. But if I'm not in the mood my prick won't get hard simple.
Millions of men who have tried for a baby with a woman who takes their ovulation cycle incredibly seriously, to the extent that sex MUST happen during their most fertile points will disagree with you on this one quite strongly, myself included.
Also, remember that rape is not limited to the violent/forceful variety, its an issue of consent. For example if a man is unable to consent then that would to any reasonable minded person be rape; exactly as it would be if it were a woman, the most obvious example would be due to drink.
Correct, its wrong though, in law rape should simply be about consent without any consideration for the genders involved.
As others have said, a woman cannot rape anyone (in UK countries' law). She can of course be prosecuted for other serious sexual offences.
But both men and women can be raped by a man.
You wrote:
"I can't understand how a man can claim he has been raped by a woman. I know if I'm not in the mood nothing is going to get me to rise to the occasion."
That is why I wrote what I did.
You're wrong, it can happen to you too.
http://www.popsci.com/science/article/2013-05/science-arousal-during-rape
No the man is the rape victim...
She couldn't be a 'rape victim' as she would be consenting to (and actually instigating) the act.
There must be something wrong with me, if im not 100 % in the mood nothings going to happen.
But what if she cried rape and went to the police? Wouldn't she be assumed to be the victim with evidence of penetration/semen on her?
Male rape could occur from a man being penetrated by another man?
Well, yeah, that would be rape too.
The OP said 'by a woman' though.
I'd pay good money for that.....
Same here - the slightest genuine stress knocks it on the head for me (no pun intended
Not that I have ever been a victim - or at any rate, what I would personally interpret as a victim. More like sweet surrender :kitty:
That happens all the time, whatever the circumstances, when women cry rape.
As for the question, it's been answered, rape has to be carried by someone with a penis, which usually means a man. There have been cases where a woman has been convicted of rape by assisting a man carry out the act.
When a woman forces a man to have sex other serious offences are there, which carry an equal sentence.
Nothing like a bit of bravado to beat medical science, eh? ;-)
In fact, that sort of "yeah but not me" attitude contributes to the guilty confusion if it does happen; " why did I cum/get hard/wet? Does that mean I wanted it? Enjoyed it?" - no, they just thought it couldn't happen if they weren't in the mood.
I agree with you. There is noway I could be raped by a woman.