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Feminism: Sex and gender discussions

Should the UK law on rape be changed?

135 replies

prashad · 13/11/2014 21:32

I anticipate some flack for this post, but please hear me out and hopefully we can have an interesting discussion about this.

UK law current states that rape is necessarily committed by a man; that the perpetrator has to insert their penis into the victim. Of course, this means men can rape women, and men can rape men, but women cannot rape anyone.

However, many people would define rape as 'forcing someone to have intercourse against their will'. In the dictionary, rape is defined as;

"1.
the unlawful compelling of a person through physical force or duress to have sexual intercourse.
2.
any act of sexual intercourse that is forced upon a person."

It is my view that according to this dictionary definition, a woman can rape a man. Typical objections include the issue of erection when not aroused, but we all know that men can have involuntary erections when not aroused.

In light of the feminist aim of equality, should be campaign to change the law so that men who have been raped by women can have justice?

I know men who have woken up with a woman on top of them, or who have drunkenly had sex with a sober woman that they otherwise would not have slept with. Perhaps it occurs more frequently than we may think but men don't report it?

I am well aware that the above mentioned hypothetical assaults are against the law in the UK, but called sexual assault, and that the maximum sentences are the same, but why not brand such women 'rapists'?

Conversely, how would you feel if the rape of women by men was just called 'sexual assault' instead and the term 'rape' abolished from our lexicon?

Some men that I have spoken to about this are frustrated and unsupportive of feminism because of the perception that it seeks to increase the rights of women, rather than seeking to promote gender equality... and they site the lack of campaigning by feminists on issues where men are disadvantaged. Do you think that campaign for equality in rape law would be good for feminism because it would show a concern for equality in an issue where men are disadvantaged?

I'd also note that other countries (such as the United States) have updated their rape laws so that women can be convicted of raping men.

Thanks for reading.

OP posts:
MyNameIsInigoMontoya · 13/11/2014 23:53

Men can be raped by other men. But I doubt most men would consider that to be exactly the same offence as a woman having sex with them against their will or without consent (though I may be wrong).

Also, let's remember the word "rape" is not meant to be a judgement on how bad a particular sexual offence was, it rather describes a particular type of act. A crime classed as a serious sexual assault could potentially be just as "bad" (whether you mean violent/harmful/degrading or whatever) as rape, but just not involve that particular act. So I don't see that men (or, for that matter, women who are sexually assaulted but not raped) are necessarily losing out through the difference in terminology.

There is one other difference too (though men being raped is an anomaly here). Male-on-female rape carries the risk of pregnancy, which other sexual assaults are at least less likely to. This is relevant for several reasons. Firstly it is sometimes part of the reason rape happens - e.g. when used as a weapon of war by impregnating "the enemy's women", but for that matter also in abusive relationships to keep the woman tied to the abuser. Secondly, a pregnancy (particularly an unwanted pregnancy) may well have massive and permanent physical, mental, emotional, financial and social effects for the woman, on top of the effects of the rape itself (don't forget, pregnancy and childbirth can still kill you, even in the developed world but far more elsewhere). So I would see this as another reason to distinguish rape from other forms of sexual assault.

AWholeLottaNosy · 13/11/2014 23:50

Rape is NOT an equal opportunities crime OP

AWholeLottaNosy · 13/11/2014 23:49

If you care so much about this issue why not go on a men's forum and campaign on there. Most men are actually raped by other men not women anyway.

scallopsrgreat · 13/11/2014 23:49

Yes it would harm women. It would not recognise the gendered nature of the crime for a start. It would minimise the millenia of years that rape has been used as a tool to keep women frightened and hurt them and the fact that is continues still today.

May be when we have true sexual equality we can start changing terms to reflect that equality. But whilst the oppression is there, it needs to be named.

And no men are not frequently raped by women. As said before 99% of sexual violence is perpetrated by men.

prashad · 13/11/2014 23:46

Report the thread? What for? I doesn't breach any of the rules.

OP posts:
prashad · 13/11/2014 23:45

AWholeLottaNosy... two different issues. No reason why both can't be implemented. Like I said, what harm would it do to women to change the law?

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YonicScrewdriver · 13/11/2014 23:44

Yeah, fair point, Puffins.

GarlicNovember · 13/11/2014 23:44

It does hold. The law's full of highly specific terms that apply only to a certain type of crime committed in a certain manner. Rape is one of those. The complaint, as put by these hypothetical chaps of yours, is that there's a word for a crime which can only be committed with a penis. That's all it boils down to. Daft, when you think about it, eh?!

I mean, if they really want to be raped Hmm they could place themselves in suitably vulnerable circumstances until a nasty enough penis-owner comes along ... Confused

PuffinsAreFicticious · 13/11/2014 23:43

Just report the thread.

YonicScrewdriver · 13/11/2014 23:41

"But I do think that nobody takes seriously the effect that men may feel having woke to found a woman having sex with them, in the same way they would if the roles were reversed"

Really? Have you seen the "sleep sex" debates on here? Plenty of people don't think a man having sex with a sleeping woman, especially if he went to bed with her the night before, is a crime of sexual violence.

AWholeLottaNosy · 13/11/2014 23:37

I can't fucking believe this OP. There are aprox 85,000 women a year who are victims of rape, only 5-10% of them report it. Of those who report it, only 6% get a conviction. AND SOMEONE IS PROPOSING WE CHANGE THE LAW SO THAT WOMEN CAN BE ACCUSED OF RAPE???

Give me strength. I used to work for a charity that supported rape victims and I went to a lot of meetings and conferences about how to increase rape convictions. I attended one once where Betsy Stanko, an academic and advisor to the Met Police on violence against women, attended. She basically said the only way we could get realistic convictions for women who were victims of rape would be if they were tried by specially trained judges ( as opposed to juries )

That's what I think should happen, not this ignorant, bullshit proposal.

Sorry for rant. ( actually I'm not. I'm sick of this shit)

prashad · 13/11/2014 23:34

Garlic... I agree that men can be, and frequently are raped. By men, and by women.

It's been explained that rape is a 'specific legal term' but I objected to that argument on the grounds that in some countries the legal definition is different. The point then, is that there is a precedent for legal definitions of words to be changed, and so the defence of 'that's just what the word means' does not hold.

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prashad · 13/11/2014 23:32

Yeah, ok, it was a bad example.

Still, I don't think the historical oppression of women by men means we can't make laws gender neutral. What's the big deal? It really wouldn't harm women.

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GarlicNovember · 13/11/2014 23:31

I am actually pro renaming rape to "grievous sexual bodily assault"

Me, too. For now, though, as has been exhaustively explained, rape is the legal term for a specific type of grievous sexual bodily assault that is perpetrated using a penis. If some person shoves a broken bottle up your fanjo, that is not rape.

It isn't complicated prashad. And your "but whyyyy shouldn't feminists campaign on behalf of men?" arguments are a bit wet.

Equality means having equal rights, opportunities, rewards, etc. Currently one half of the population has markedly fewer of those, taking an overall view. So campaigning for the right to use a special legal term, on behalf of the privileged sector, doesn't seem like a major priority.

You also seem to be avoiding the fact that men can be, and frequently are, raped.

scallopsrgreat · 13/11/2014 23:27

"Like if we said white people can be mugged, but black people are 'relieved of their money' (Bad example I know)." No because it is a false equivalence. You are reversing the power dynamic there. White people oppress black people. Men oppress women, yet you are arguing for men (the greater power) on this thread and then reversing it to argue for the oppressed in your example.

prashad · 13/11/2014 23:25

Scallop...

No, I do not think women have been liberated from male oppression.

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prashad · 13/11/2014 23:24

Buffy...

I can't quite put my finger on it, it just feels wrong.

Like if we said white people can be mugged, but black people are 'relieved of their money' (Bad example I know).

I wouldn't say women are advantaged, since that seems ludicrous given the context. But I do think that nobody takes seriously the effect that men may feel having woke to found a woman having sex with them, in the same way they would if the roles were reversed... and surely this has all sorts of implications in the reporting and prosecution of such crimes?

I think not using the word 'rape' is part of this... to say 'men cannot be raped by women' unintentionally sounds like 'if a woman has sex with you against your will, it's not the same as if you had sex with a woman against her will', when the intention of the perpetrator and consequences for the victim may well be identical. We do have laws against it, but I don't think it's enough.

Furthermore, I think having differences like this does affect women. It perpetuates the idea that men having sex forced on them is no big deal, and the natural conclusion many men will have is that forcing it on women is no big deal either. It's like a race to the bottom; if the issue is not important enough to label female perpetrators 'rapists', then maybe it's not important at all? Lots of men in my workplace seem to think it's ok to leer and sexually harrass women and I can't help but think that it's not made any better but the reverse not being taken equally as seriously.

I don't know. I can see that my thoughts aren't well developed, and I'll continue to think about it.

It's be interesting, anyway.

OP posts:
scallopsrgreat · 13/11/2014 23:20

Do you think that women have been liberated from male oppression?

scallopsrgreat · 13/11/2014 23:18

No I'm saying that once women are liberated sexual equality will come. You can't have sexual equality until women are liberated.

BuffytheReasonableFeminist · 13/11/2014 23:14

This reply has been deleted

Message withdrawn at poster's request.

BuffytheReasonableFeminist · 13/11/2014 23:11

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prashad · 13/11/2014 23:04

Buffy...

I don't think women should PRIORITISE areas where men feel disadvantaged... I just think that if it were ever as simple as voting on the matter then a feminist should vote in favour of equality even if it does not enhance the rights of women (as in this issue).

I've gotta say, I'm startled by the opposition to it. How would women be worse off if this law was changed?!

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prashad · 13/11/2014 23:01

scallopsrgreat...

So are you saying that the primary goal of feminism is to liberate women, and then sexual equality, in that order?

Everything I've read states that feminism is about "defining, establishing, and defending equal political, economic, cultural, and social rights for women". Equality is the priority, not something that comes 'after' liberation.

It seems to me to be common sense that if there was a vote on any issue, a feminist would vote for whichever option was the most equal?

OP posts:
BuffytheReasonableFeminist · 13/11/2014 22:58

This reply has been deleted

Message withdrawn at poster's request.

scallopsrgreat · 13/11/2014 22:56

But it is the MPs who bring in legislation Confused. So the fact that they are disproportionally male is more likely to have a disproportional effect. Similarly, the justice system is run by men, for men (Helena Kennedy is very good on this if you are interested. I suspect not though).

But again it goes back to the thousands of years of history of male violence against women as a means of oppression. The opposite cannot be said. The UK recognises that rape is a specific crime perpetrated by men for that reason (even if its against other men).

Rape is about penetration too. I think you'll find that even in those countries where women can be convicted of rape. That rape is done by penetration.

Feminists fight for the liberation of women. Once we've got that, sexual equality will be more achievable. Your posts seem to be coming from a position that equality has been achieved. If that is the case then you don't know what equality looks like. Because it certainly doesn't look like 85000 women a year, in the UK alone, being raped by men.

And Grin at remaining neutral. Yeah right. Your first post on MN is in FWR, innocuously asking about all those nasty women raping men. Course it is. (Btw 99% of sexual violence is perpetrated by men. There is a pattern there.)

"Meanwhile, the men's rights movement is relatively tiny and useless." You said it. There may be a reason for this.