Why can't women be charged with rape?

[Ourlovelyson]

My son attempted to take his life last year. Turns out his partner has been abusive and she was drugging him with Viagra being him aroused and sitting on top of him he kept telling her no but she did what she wanted to do. But rape is defined by the penetrating male, my son is not the person he once was.
I have been on Google for weeks and I can't find anything to help him. He obviously isn't the only one.
Why is this?

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.

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

We don’t what?

View it the same.

No we shouldn’t.

Being raped with a penis has far greater consequences (I don’t wanna hear red herrings about infertile women, again: that’s not how the law works) than anything else. It needs its own category

I didn’t say we viewed it the same.

Nor should we. Because a rape with a penis has dat greater risks and consequences

I said that the punishments are as severe

Source?

Again, you are leaving room for those consequences to be rendered irrelevant when someone has been raped, all so men cant accuse women who force them to have sex of being rapists. Why are you doing that, really?

Agree
there needs to be a change in the law on its definition

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.sentencingacademy.org.uk/wp-content/uploads/2023/08/Assault-by-penetration.pdf&ved=2ahUKEwiyjMTKnNSSAxXwQ0EAHcNdIHYQFnoECFEQAQ&usg=AOvVaw2KS1hIPRcvuDP8dKQiFNuz

https://www.sentencingacademy.org.uk/sexual-assault-2/

That's because you believe you can quantify the trauma of others. And you likely believe men dont have the same emotional capacity as women

Not sure that link works. Hopefully image approved soon

Correct.

And that is true whether the victim is male or female.

The point being that it is not the case that men do not get the same justice (or women do not get the same punishment) for the same type of crime.

1. Penetration with a penis = rape

(whether the victim is male or female)

1. Penetration with anything else = sexual assault by penetration

(whether the victim is male or female)

1. Sexual assault without penetration = sexual assault

(whether the victim is male or female)

(1)&(2) have the same maximum sentence of life.
(3) has a lower maximum sentence of 10 years.

Reasonable people may differ as to whether 3 should have a maximum sentence of life and, frankly, I don't think that criminals are removed from society quickly or for long enough in general so you'd be unlikely to find me arguing with you if you wanted to increase that maximum term.

But I don't think it's true that there is a discrepancy between how men and women are treated in law as things stand.

Was going to post he was sexually assaulted still I hope your lad gets justice.

Why are you obsessively thinking of reasons to suggest male rapists aren’t that bad?

Woman who attack men can’t get them pregnant. It’s really not rocket science. That should be reflected in law

And like I say, there are hardly any female sex offenders. It’s almost all men. We should focus on how the justice system navigates it rather than wasting time worrying about if perpetrators feelings are ok (unless of course if they’re women, apparently)

The sentencing guidelines for both offences are fairly wide in scope and the severity of sentence will depend on a number of factors unique to the facts and evidence presented in the particular case.

The sentencing range for rape offences is 4-19 years in custody.

For assault by penetration it goes from high level community order up to 19 years' custody.

Women haven’t got a penis, which you legally need for a rape charge. Sexual assault can be anything.

No i am the one arguing that all rapists are the same.

Its not about men vs women for me, it is about victims vs perpetrators and the system that supports them. Therefore, I'd classify all forced sex as rape because it is.

But they’re not.

Because female “rapists” can’t impregnate anyone

That was my fault for using the term “sexual assault” casually. What I meant was there are equivalent charges that women can face, which, while not called “rape”have the same max terms as rape (life imprisonment)

E.g.
Assault by penetration
Causing sexual activity without consent

As i have said several times, the average sentence for that is about half that of rape.

Does it matter if she gets done for rape or sexual assault? Don’t focus on the wording. Your son has been drugged and sexually assaulted and that is what she should be charged for.

Again, that suggests that the absence of risk of conception should have any bearing on the severity or classification of the crime. We dont want that. We dont want rape that cannot cause pregnancy to be seen as a lesser or milder rape.

I don't follow the logic link of, it is about victims vs perpetrators and the system that supports them, therefore, I'd classify all forced sex as rape.

Am I right in think you mean, "it's all (rape through to non-penetrative SA) equally bad so I'd have the sentencing guidelines all the same / ensure public awareness treats them all with equal horror."

If so, as I say, little argument from me.

However, words have specific meanings and being able to clearly and easily discuss things at a granular level requires those nuanced words and definitions so I wouldn't agree to just call all sexual assault 'rape' and lose the meaning we've worked with over time, both in common parlance and the common and statutory law.

The reduction of language is never a positive in my book, and doesn't ultimately serve anyone.