The legal definition of rape

[CurlewKate]

There appears to be some confusion about what constitutes rape in UK law. To clarify-this from Police UK

”RAPE.The legal definition of rape is when someone puts their penis in another person's vagina, anus or mouth, without the person's permission.

ASSAULT BY PENETRATION. Assault by penetration is when someone puts an object or any part of the body other than their penis (for example fingers) into another person's vagina or anus, without the person's permission.

SEXUAL ASSAULT. Sexual assault is when someone touches you sexually without your permission, with an object or body part.”

So rape is specifically and exclusively non consensual penetration by a penis.

Yes, most people are aware of this although there are some who will argue that a woman can rape a man.

is there a specific situation that has prompted you to post this?

By this definition, it was not sexual assault when I was pinned to the floor and a man took out his penis and waved it in my face

it was sexual assault.

I thought it was 😟

Where are you going with this?

Not going anywhere. People on another thread were insisting that the definition was wrong to the extent of derailing that thread, so I just thought it might be helpful.

It was - he was touching you by pinning you to the floor, and it was sexual.

Sorry that happened to you.

Who is liable when someone puts another person's penis into another person's vagina, in a threesome situation for example?

Possibly both individuals, under joint enterprise.

The charge would be accessory to rape.

But that definition of rape is also not correct. It is not just penetration with a penis without consent. There is also the line on the offence wording that says ‘A does not reasonably believe that B consents’. So the lack of consent alone is not enough to make it rape in law. I think this is what makes it such a hard offence to prosecute.

It is from a purely legal standpoint but outwith that I’m not convinced if there merits of debating it. A man or a woman penetrated with an object is likely to feel just as violated as if they were penetrated with a penis; somebody abused as a child by a woman without a penis is going to experience the same psychological effects as a child abused by a man with a penis. If the people in either of those scenarios believe that they have been raped, then frankly I’m not that invested in arguing with them and telling them they definitely weren’t.