Why can't women be charged with rape?

What about if they have a strap on? Are you now saying its rape because of how they move? Or are you saying its because they can get direct physical pleasure from their penis but not a dildo? Is that what makes the difference for you?

So if a man has a desensitised penis or he uses a numbing cream, then milder rape?

But there is nobody on the other side of that dildo moving it as part of their body and experiencing pleasant genital feelings from your body. It’s a different crime by nature of it, surely you can understand that.

Both sexual assault and rape are serious offences. Rape however is defined as inserting a penis into a vagina, mouth or anus with permission. It can also cover one party agreeing to a certain act with a proviso, for example using a condom. Not using the condom and continuing might be rape.
Sexual assault does not involve inserting a penis into an unwilling participant, but might be other serious offences. The likely sentence might not be as long, I agree.

What a lot of posters seem to be saying here is that it is only rape when stds and/or pregnancy were a risk.

What i am saying is that if anyone penetrates you forcibly with a dildo or their penis, you still feel raped. Therefore the law should not distinguish between what the perpetrator used to put inside you like it doesnt in other countries.

He can. Look up the story of Joyce McKinney, 12 years for the "rape" of a man.

I hope he can get his life back on track.

I have to disagree with you here in that you seem to be saying men can’t be raped. They absolutely can. And when they are it is called exactly that.

The penalty his attacker would get if convicted is likely as serious as it would be if the sexes were reversed.

In fact, due to the fact the woman is the attacker, and the unusual statistical perspective of that, potentially he is more likely to see justice.

Good luck to you and him.

Yes that is why the whole "penis" thing exists, so women could not be classed as rapists even if they did force sex upon others. It both covered up same sex abuse and meant that men werent able to claim victimhood.

Most countries have changed this archaic law because it doesnt make sense to victims. And yes, it does minimise the crime. They arent a rapist, they assaulted you. Just like a man who touched your bum in a nightclub.

Ah, I think you reveal yourself here.

It’s not minimising though is it? It’s a dreadful scenario and the perpetrator will receive an appropriate sentence. But what has happened wont be prosecuted as rape because it wasn’t committed with a penis. If the ex partner was male and had a penis then it would be. Nothing is being taken away from the victim of a very serious crime, it’s just that the ex partner isn’t capable of committing that specific crime.

Yes to minimise the actions of female perpetrators and deny justice to their victims

I dont want to be part of minimising the sexual offences of people purely because they are female and therefore their crimes are considered to be lesser. I understand how it is, but I challenge that as I am here. I don't agree that risk of pregnancy and STDs are what matters most and I dont think that someone slapping on the bum and someone forcibly penetrating me with a dildo should be charged with the same offence.

Maybe you could look into the original scenario being outlined as its own specific offence if you feel very strongly about it. But the law is clear that rape must be with a penis.

I am talking about a strap on rather than a surgically made one.

For this crime anyway. I can’t claim to know about all of the others.

Of course!

For info though, a reconstructed penis is still considered a penis legally.

Absolutely. What has happened here is a crime and will be punished as such. But legal definitions are important. No penis, no rape.

There have been a couple of cases of women posing as men and duping other women into having sex with them using blindfolds and sex toys/strap ons. Both were found guilty of sexual assault and sentenced to 8-10 years. Tbh I think that forcible penetration with anything should be classed as rape.

Yes you are saying rape is only rape because it holds these risks: pregnancy and std transmission. Therefore, only forced sexual contact that holds those risks should be classed as rape. That means that if I can prove that the man did not pose those risks, it won't be rape. Or will be very "mild rape".

So if the potential isn't there, so for example, a man who targets older women, then the sentence should be reduced as the potential for pregnancy isnt there? Or if he has had a vasectomy? Or if he wears a condom or has a freshly negative side panel?

So if I used a dildo or strap on to penetrate you against your will, would you feel assaulted but not raped?

Or if my daughter had a trans male boyfriend who treated her like any abusive man would and used their "dick" to penetrate her, then it would be seen as lesser trauma? Even though the mindset of toxic masculinity and misogyny are as to blame as they would be with a man.

You know we are one of the only countries who sees the world this way and it is to minimise the sexual offences of female perpetrators.

The reasoning you provide of why it matters more when it is a penis suggests that when those factors are factually irrelevant, such as in the case of someone infertile or where measures were taken to minimise risk, the perpetrator should receive less punishment. I dont want to live in that world, do you?

I disagree that is what I’m doing.