[MensRights Reference Builder] - Let's Talk [Subject: Rape]

KRosen333 · 2013-08-21T01:11:19+00:00

[New York][Sex Offenses]

Source: http://ypdcrime.com/penal.law/article130.htm#p130.00 (if anybody else has a better more official source, a link would be appreciated!)

S 130.25 Rape in the third degree.

A person is guilty of rape in the third degree when:

He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony.

S 130.30 Rape in the second degree.

A person is guilty of rape in the second degree when:

being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

S 130.35 Rape in the first degree.

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

By forcible compulsion; or
Who is incapable of consent by reason of being physically helpless; or
Who is less than eleven years old; or
Who is less than thirteen years old and the actor is eighteen years old or more.

Rape in the first degree is a class B felony.

Note this information is useless without the following:

S 130.00 Sex offenses; definitions of terms.

The following definitions are applicable to this article:

"Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight.

Summary: To be decided: would being 'made to penetrate' count, legally, as 'sexual intercourse' within the state of New York? I would assume so, but I need more proof before it is added to our repository of knowledge. Otherwise, the law is gender neutral and does not adversely affect male victims of rape.

ImSorryItsAnonymous · 2013-08-21T03:19:32+00:00

Gonna start throwing a few in here, I've got a bunch saved off that I've never done anything with.

[Texas] Source: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm

Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(c) In this section:

(1) "Child" means a person younger than 17 years of age.

(2) "Spouse" means a person who is legally married to another.

(3) "Health care services provider" means:

(A) a physician licensed under Subtitle B, Title 3, Occupations Code;

(B) a chiropractor licensed under Chapter 201, Occupations Code;

(C) a physical therapist licensed under Chapter 453, Occupations Code;

(D) a physician assistant licensed under Chapter 204, Occupations Code; or

(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.

(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 505.002, Occupations Code;

(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;

(C) licensed professional counselor as defined by Section 503.002, Occupations Code;

(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;

(E) member of the clergy;

(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or

(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.

(5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.

(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

(e) It is an affirmative defense to prosecution under Subsection (a)(2):

(1) that the actor was the spouse of the child at the time of the offense; or

(2) that:

(A) the actor was not more than three years older than the victim and at the time of the offense:

(i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and

(B) the victim:

(i) was a child of 14 years of age or older; and

(ii) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

Summary: Completely gender neutral and comprehensive to cover a wide range of things that would be considered rape by common parlance

ImSorryItsAnonymous · 2013-08-21T03:30:30+00:00

[Kansas] Source: http://www.kslegislature.org/li_2012/b2011_12/statute/021_000_0000_chapter/021_055_0000_article/021_055_0003_section/021_055_0003_k/

21-5503. Rape. (a) Rape is:

(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:

(A) When the victim is overcome by force or fear; or

(B) when the victim is unconscious or physically powerless;

(2) Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;

(3) sexual intercourse with a child who is under 14 years of age;

(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or

(5) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.

21-5501. Definitions. The following definitions shall apply when the words and phrases defined are used in article 55 of chapter 21 of the Kansas Statutes Annotated, and K.S.A. 2012 Supp. 21-6419 through 21-6421, and amendments thereto, except when a particular context clearly requires a different meaning:

(a) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or object in the course of the performance of:

(1) Generally recognized health care practices; or

(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

Summary: This is disgusting

Where men are covered: Source: http://www.kslegislature.org/li_2012/b2011_12/statute/021_000_0000_chapter/021_055_0000_article/021_055_0004_section/021_055_0004_k/

21-5504. Criminal sodomy; aggravated criminal sodomy. (a) Criminal sodomy is:

(1) Sodomy between persons who are 16 or more years of age and members of the same sex;

(2) sodomy between a person and an animal;

(3) sodomy with a child who is 14 or more years of age but less than 16 years of age; or

(4) causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.

(b) Aggravated criminal sodomy is:

(1) Sodomy with a child who is under 14 years of age;

(2) causing a child under 14 years of age to engage in sodomy with any person or an animal; or

(3) sodomy with a victim who does not consent to the sodomy or causing a victim, without the victim's consent, to engage in sodomy with any person or an animal under any of the following circumstances:

(A) When the victim is overcome by force or fear;

(B) when the victim is unconscious or physically powerless; or

(C) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.

(b) "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy" does not include penetration of the anal opening by a finger or object in the course of the performance of:

(1) Generally recognized health care practices; or

(2) a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

And the final area men may be covered: Source: http://www.kslegislature.org/li_2012/b2011_12/statute/021_000_0000_chapter/021_055_0000_article/021_055_0005_section/021_055_0005_k/

21-5505. Sexual battery; aggravated sexual battery. (a) Sexual battery is the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

(b) Aggravated sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto with the intent to arouse or satisfy the sexual desires of the offender or another and under any of the following circumstances:

(1) When the victim is overcome by force or fear;

(2) when the victim is unconscious or physically powerless; or

(3) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.

Final Summary: Completely disgusting

ImSorryItsAnonymous · 2013-08-21T03:43:33+00:00

[Kentucky] Source: http://www.lrc.ky.gov/Statutes/chapter.aspx?id=39376

I'm not going to copy every single statue here...it's bad, though. The only offenses that include female perpetrators are:

Rape in the third degree
Sodomy in the third degree
Sexual Abuse in the first, second or third degree

Men can only be the victims of Sodomy or Sexual Abuse

Summary: almost every single sexual offense is stated as "he..." and not "he or she".

ImSorryItsAnonymous · 2013-08-21T03:45:55+00:00

And I'm done for now...I forgot how depressing it was in most states.

EvilPundit · 2013-08-21T01:08:24+00:00

I'll try to dig up the Australian laws when I have the time. For now, these links might help:

http://www.reddit.com/r/MRRef

http://www.reddit.com/r/MensRightsLinks

http://www.reddit.com/r/MensRightsLaw

stobix · 2013-08-21T05:07:48+00:00

Interesting. I might look up the laws for Sweden when I have time in a week or two.

MechPlasma · 2013-08-21T08:15:28+00:00

Republic Of Ireland's is nice and short.

2.—(1) The offence of indecent assault upon any male person and the offence of indecent assault upon any female person shall be known as sexual assault.

4.—(1) In this Act “rape under section 4 ” means a sexual assault that includes—

(a) penetration (however slight) of the anus or mouth by the penis, or

(b) penetration (however slight) of the vagina by any object held or manipulated by another person.

Summary: Gender Neutral (although oddly worded) ...is what I would be saying, buuut

Ireland has no Romeo And Juliet exemptions. In other words, having sex with someone under 17 is always statutory rape (albeit with different sentencing for age), regardless of your age. Unless you're a woman. A woman under 17 can never be charged with statutory rape. And yes, there was a case of one guy getting charged and sentenced for having sex with someone of the same age. At least he didn't get punished, since the Minimum Sentence was so low.

(Actually, I have no idea why that law still exists. It got nationwide outrage 6 years ago.)

rightsbot · 2013-08-21T01:00:17+00:00

Post text automatically copied here. (Why?) (Report a problem.)

SemanticTrap · 2013-08-21T05:57:37+00:00

[Germany][GERMAN CRIMINAL CODE]

Source: http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1517

§177 Sexual assault by use of force or threats; rape

(1) Whosoever coerces another person

by force;
by threat of imminent danger to life or limb; or
by exploiting a situation in which the victim is unprotected and at the mercy of the offender,

to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year.

(2) In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if

the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); or
the offence is committed jointly by more than one person.

(3) The penalty shall be imprisonment of not less than three years if the offender

carries a weapon or another dangerous instrument;
otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person through force or threat of force; or
by the offence places the victim in danger of serious injury.

(4) The penalty shall be imprisonment of not less than five years if

the offender uses a weapon or another dangerous instrument during the commission of the offence; or if
the offender

(a) seriously physically abuses the victim during the offence; or

(b) by the offence places the victim in danger of death.

(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsections (3) and (4) above imprisonment from one to ten years.

Summary: Defines rape as "penetration of the body", but does include "sexual intercourse [...] or [...] similar sexual acts" as "especially serious cases" which should not be punished with imprisonmend of less than two years, thus punishing it as severe as rape.

Tamen_ · 2013-08-21T09:00:26+00:00

Norway Criminal Law § 192

Source: http://www.lovdata.no/cgi-wift/wiftldles?doc=/app/gratis/www/docroot/all/tl-19020522-010-023.html

The person who

a) obtain sexual relation by use of violence or threatening behaviour , or

b) has sexual relation with someone who are unconscious or are for some other reasons unable to resist the act, or

c) by using violence or threatening behaviour make someone have sexual relation with someone else, or make them perform corresponding act on themselves.

are punished for rape with a sentence up to 10 years. When evaluating whether violence or threatening behaviour or whether the aggrieved person was unable to resist the act, special consideration is to be taken if the aggrieved person us younger than 14 years old.

The sentence is minimum 3 years if

a) the sexual relation was intercourse, or

b) the guilty person have caused a state mentioned in the first segment letter b)

A maximum prison sentence of 21 years can be sentenced if

a) The rape was committed by several persons cooperating.

b) The rape was committed in particulary painful or tortious manner.

c) The guilty person have previously been committed for this paragraph (§ 192) or § 195 (sexual relation with a child under 14 year old)

d) if the aggrieved person dies or experience considerable bodily or health damage. Sexually transmitted diseases and generally dangerous communicable diseases are always considered as considerable bodily or health damage.

The person who by gross negligence are found guilty of rape by the fist segment, is punished by prison up to 5 years. If any of the circumstances in the third segment are present then the guilty is punished by prison up to 8 years.

Summary: The law is gender neutral depending on the definition of "sexual relation". This is not completely defined in the law, but by legal precedents. Legal precedents are pretty gender neutral based on what I've found. In 2005 a woman was convicted for performing oral sex on a sleeping man. Following is a rough translation of how the police define "sexual relations" in their latest report on rape: Sexual relation is meant as vaginal and anal intercourse (bodyparts or objects) - penetration of vagina is not required as long as the body part/object is in or between the labia (minor or major) - this means that cunnilingus is covered, oral sex (fellatio), masturbation of a certain intensity (beyound sexual touching) and even intercourse-like acts - like rubbing the penis on a woman's stomach.

Edited to add that the translation of the law is somewhat hastily done by me as I couldn't find an official English translation of the law.

Tamen_ · 2013-08-21T09:10:38+00:00

RAINN have a somewhat convoluted listing of the state laws about sexual crimes: http://rainn.org/public-policy/laws-in-your-state

Select the state and then select the link titled "Criminal Statues of Limitations". Sometimes only the number and title of the law is given and further search is required, but a google search of the number and title have always turned up the law itself when I've tried. This could make it more easy to locate the specific laws for the different states.

nigglereddit · 2013-08-21T09:28:58+00:00

This is the relevant legislation from Scots law here in Scotland. Some of you may know that Scottish law is entirely separate from law in the rest of the UK. It is similar on this issue but I'd like to leave the English law version to someone more qualified if that's okay.

This is the very first part of the Sexual Offences (Scotland) Act 2009

Rape

(1)If a person (“A”), with A's penis—

(a)without another person (“B”) consenting, and

(b)without any reasonable belief that B consents, penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.

(2)For the purposes of this section, penetration is a continuing act from entry until withdrawal of the penis; but this subsection is subject to subsection (3).

(3)In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.

(4)In this Act— “penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and “vagina” includes—

(a)the vulva, and

(b)a surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B, having been created in the course of such treatment.

As you can see from the very first line of this passage, it is literally impossible for a woman to even be arrested for rape. There is no such crime in Scots law.

It's also extremely difficult to arrest or convict a woman for the lesser charge of sexual assault since the description of that crime also requires penetration and a penis and only contains a single line which could be construed to cover a man being forced to penetrate a woman.

The net result of this is exactly what you would expect: the Scottish Government doesn't even attempt to break down its sexual crime statistics by gender because it's virtually unheard of for a woman to even be arrested for such a crime. As I'm sure you're aware, terrible abuses of men by women do occur, but punishing women for them is almost impossible.

For practical purposes the law in Scotland offers men no protections of any kind from sexual offences committed by women.

Tamen_ · 2013-08-21T09:31:22+00:00

[Idaho] [Idaho Code § 18 Chapter 61 Rape]

Source: http://legislature.idaho.gov/idstat/Title18/T18CH61.htm

18-6101 Rape defined. Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator's penis accomplished with a female under any one (1) of the following circumstances:

(1) Where the female is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.

(2) Where the female is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the female.

(3) Where she is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability, whether temporary or permanent, of giving legal consent.

(4) Where she resists but her resistance is overcome by force or violence.

(5) Where she is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.

(6) Where she is at the time unconscious of the nature of the act. As used in this section, "unconscious of the nature of the act" means incapable of resisting because the victim meets one (1) of the following conditions:

(a) Was unconscious or asleep;

(b) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(7) Where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.

(8) Where she submits under the belief that the person committing the act is someone other than the accused, and the belief is induced by artifice, pretense or concealment practiced by the accused, with the intent to induce such belief.

(9) Where she submits under the belief, instilled by the actor, that if she does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against her; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.

The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the female, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the female.

Summary: Bad. Only men can rape women.

18-6108. Male rape. Male rape is defined as the penetration, however slight, of the oral or anal opening of another male, with the perpetrator's penis, for the purpose of sexual arousal, gratification or abuse, under any of the following circumstances:

(1) Where the victim is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.

(2) Where the victim is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the victim.

(3) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving consent.

(4) Where the victim resists but his resistance is overcome by force or violence.

(5) Where the victim is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution.

(6) Where the victim is prevented from resistance by the use of any intoxicating, narcotic, or anaesthetic substance administered by or with the privity of the accused.

(7) Where the victim is at the time unconscious of the nature of the act, and this is known to the accused.

The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the victim, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the victim.

Summary: Bad. Only men can rape men.

18-6103. Penetration. The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime.

Summary: Bad. Seemingly only relates to 18-6101 and not 18-6108

18-6107. Rape of spouse. No person shall be convicted of rape for any act or acts with that person's spouse, except under the circumstances cited in subsections (4) and (5) of section 18-6101, Idaho Code.

Summary: Bad. Spousal rape of men doesn't exist in Idaho

18-6110. Sexual contact with a prisoner.

(1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section 18-101A, Idaho Code, to have sexual contact with a prisoner or juvenile offender, not their spouse, whether an in-state or out-of-state prisoner or juvenile offender, as those terms are defined in section 18-101A, Idaho Code.

(2) It is a felony for any supervising officer, as that term is defined in section 18-101A, Idaho Code, to knowingly have sexual contact with any parolee or probationer, as those terms are defined in section 18-101A, Idaho Code, who is not the person's spouse.

(3) For the purposes of this section "sexual contact" means sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact or oral-anal contact, between persons of the same or opposite sex.

(4) Any person found guilty of sexual contact with a prisoner or juvenile offender is punishable by imprisonment in the state prison for a term not to exceed life.

Summary: Good. Is gender neutral.

[Idaho] [Idaho Code § 18 Chapter 66 Sex crimes]

Source: http://legislature.idaho.gov/idstat/Title18/T18CH66.htm

18-6608. Forcible sexual penetration by use of foreign object. Every person who, for the purpose of sexual arousal, gratification or abuse, causes the penetration, however slight, of the genital or anal opening of another person, by any object, instrument or device, against the victim's will by use of force or violence or by duress, or by threats of immediate and great bodily harm, accompanied by apparent power of execution, or where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent, or where the victim is prevented from resistance by any intoxicating, narcotic or anesthetic substance, shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.

Summary: Gender neutral

Tamen_ · 2013-08-21T09:49:51+00:00

[United Kingdom][Sexual Offences Act 2003]

Source: http://www.legislation.gov.uk/ukpga/2003/42/contents

Part 1

Section 1 Rape
(1)A person (A) commits an offence if—

(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b)B does not consent to the penetration, and

(c)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Summary: Bad. Only men can rape.

Section 2 Assault by penetration (1)A person (A) commits an offence if—

(a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

(b)the penetration is sexual,

(c)B does not consent to the penetration, and

(d)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Summary: Somewhat gender neutral except for the use of "he" and "his" for the perpetrator. Could've been replaced with (A) throughout - like it's done in 1 c.

Section 4 Causing a person to engage in sexual activity without consent (1)A person (A) commits an offence if—

(a)he intentionally causes another person (B) to engage in an activity,

(b)the activity is sexual,

(c)B does not consent to engaging in the activity, and

(d)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section, if the activity caused involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life. (5)Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Summary: Pretty good considering that subsection 4 c and d covers rape by envelopment. But why is section 4 separate from rape while subsection 4 a and b seem to overlap section 1 rape? Is it a remnant after an attempt to replace the term "rape", like they did in Canada?

DavidByron · 2013-08-21T17:58:06+00:00

Rape is a horrible crime

Not under current definitions. Rape could be a wife giving her husband a blow job on his birthday to wake him up. That's rape. Is that "a horrible crime"? no it isn't.

"Rape" describes a ridiculously wide range of activities from zero bad through to deadly assault. it's deliberately been stretched to meaninglessness by a campaign of hate against men by feminists.

Summary: The Pennsylvania Codified law is gender neutral and does not adversely affect male victims of rape

Without the definition they use for "sexual intercourse" you can't tell. They might define sexual intercourse as PIV which might make only men rapists and only women victims.

Title	[MensRights Reference Builder] - Let's Talk [Subject: Rape]
Author	KRosen333
Upvotes	33
Comments	28
Date	August 21, 2013 12:58 AM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1krtxo/mensrights_reference_builder_lets_talk_subject/
Archive Link	https://theredarchive.com/r/MensRights/mensrights-reference-builder-lets-talk-subject.1165840 https://theredarchive.com/post/1165840

Comments