Why can't women be charged with rape?

On average, the sentences are half as long because people view it as assault (not rape) so not as serious. Average for rape is 10 years. 5 years for assault by penetration.

View it the same.

We should just call forced sex rape regardless of the act or sex of anyone involved.

We don’t what?

But we dont.

If you use a strap on etc it’s assault by penetration which carries exactly the same penalties.

It is just as serious but it’s right that it’s a distinct offence.

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?

This is the material thing - we can protect the word rape as being something that’s done with a penis but also punish sexual assault by penetration crimes in the same way

How does it harm them?

Nobody is suggesting that they are not victims of sexual assualt

But they are not victims lf rape. And it’s not up to rape victims to have the seriousness of their experience downplayed for people who’ve had a completely different experience

This offence is covered by the specific sexual offence of assault by penetration - which can be committed by a man or woman. It carries the same sentence as rape.

This offence is covered by the specific sexual offence of assault by penetration - which can be committed by a man or woman. It carries the same sentence as rape.

People who are forced to sex in other ways

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.

How terrible for your poor son.

As others have said, sexual assault carries the same sentence as rape; rape is just a particular type of sexual assault with a specific meaning.

It's like someone being charged with a theft offence and someone querying why they're 'only' being charged with theft and not fraud (despite them both ultimately being about depriving someone of something unlawfully).

It's not a value judgement, with only the worst offences being termed 'fraud', it's just that fraud is a specfic word meaning that you've gone about depriving someone of something in a particular way, with slightly different legall elements that need to be proven compared to the offence of theft.

My heart goes out to your son and I hope he's managed to access some professional support.

A proven incel? Evidence of a history of hatred against women doesn’t prove they haven’t engaged in sexual activity with women, nor does it prove no homosexual activity has occurred. It also wouldn’t help in cases where a man causes another man to forcibly penetrate him. I’d gladly throw in a history of misogyny as an aggravating factor to balance it out though so I don’t think it gets you where you want in any event. Might be a good way to finally get hatred of women recognised as a hate crime.

I’d be more than happy with a further crime of sexual assault by forced penetration (it would apply to fingers etc too) to ensure that male victims like Op’s son can have some guarantee of a longer sentence for their attackers, but I’m inclined to agree with others that being penetrated and penetrating are not the same. Both incredibly violating and worth of harsh sentences, but they are fundamentally different crimes and should be recognised as such (with no suggestion that the latter should have some sort of shorter sentence). I don’t tend to view rape as “sex without consent” though which is perhaps where the disconnect is. It’s too easily to legitimise. I view it as an attack whether something sexual is done to the victim’s body without their consent, which is why the differentiation matters.

Age and lifestyle are not proof of virginity.

judges make shitty comments sometimes, but we are talking about what the law should look like. What is the problem with stating rape can only be done with a penis? Who does this harm?

Age and lifestyle are not proof of virginity.

judges make shitty comments sometimes, but we are talking about what the law should look like. What is the problem with stating rape can only be done with a penis? Who does this harm?

Where did you get this idea from?

It is a separate offence and any sentence would likely run alongside the one for SA or even be dropped in favour of that.

Age. Lifestyle.

I already quoted a case where a judge remarked on the consideration of the perpetrator because he wore a condom. Ie he minimised risk to the victim.

https://shows.acast.com/b6c618e4-c51c-41a5-b044-9649b9e828ed/6954f8405f9b0b61aaa00204

This podcast has a collection of a few similar cases and why we really dont want to go backwards on this.

He's a proven incel with clean results. Al of his motivation was proven to be around fhe fact he cant get the sex he feels entitled to so he went out and raped someone. If you believe that he is this incel, then you would have to accept that his risk of STD transmission is minimal.