Legal Recognition Of Male Rape Victims
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This is a petition to help male rape victims. Currently rape laws are very sexist and exclude male victims from not only getting justice but also recognition and support for being raped in many countries including but not limited to The United States Of America, New Zealand, The United Kingdom, France, Ireland, Israel, and certain states of Australia
The problem is that rape laws either specifically say that only men can commit rape or they make it so it's only rape when the victim is penetrated. The problem with that of course is that if a woman or a man forces your penis inside of her or him. There are also problems when it comes to oral sex when it is included in rape definitions for example the one I'll list below for queensland Australia. This is not recognised as rape but instead just sexual assault. Here are a few examples:
The FBI's definition of rape: “Penetration, no matter how slight, of the vagina or
anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
This is actually an improvement on what it use to be but clearly it needs to drop the requirement of penetration of the victim.
The Avon and Somerset police force were doing a campaign to raise awareness for male victims (The reason i first looked into this further) yet their website states the following: Rape occurs when a male forces his penis into the mouth, anus or vagina of another person when that person doesn't want him to do so;
I've since contacted them about this and they've responded saying it's in line with current legislation and when asked if they could suggest a path to fixing it I was met with no response as of today.
Upon a little research they're right.
(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.
The New zealand rape law is: Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,-
Again requiring the penetration of the victim.
A person (A) commits an offence if—
(a) A intentionally sexually penetrates another person (B); and
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents to the penetration.
Queensland however does cover being made to penetrate someone else
(a) the person has carnal knowledge with or of the other person without the other person's consent;
Good job queensla... oh wait
(b) the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person's body that is not a penis without the other person's consent; or
(c) the person penetrates the mouth of the other person to any extent with the person's penis without the other person's consent.
Notice that a man forcing his penis inside another persons mouth is considered rape but not even (B) covers the vice versa of a woman forcing someone to give her oral sex as the requirement is set out there as the victim being penetrated.
I haven't looked into other states.
Any act of sexual penetration, whatever its nature, committed against another person by violence, constraint, threat or surprise, is rape
Requires the penetration of the "Other person"
(1) A man commits rape if—
(a) he has[note 13] sexual intercourse with a woman who at the time of the intercourse does not consent to it, and
(b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it,
If a person had intercourse with a woman
(1)without her freely given consent;
(2)with the woman's consent, which was obtained by deceit in respect of the identity of the person or the nature of the act;
(3)when the woman is a minor below age 14, even with her consent;
(4)by exploiting the woman's state of unconsciousness or other condition that prevents her from giving her free consent;
(5)by exploiting the fact that she is mentally ill or deficient,
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented
Any person who forces a person of the female sex by threats or violence, psychological pressure or by being made incapable of resistance to submit to sexual intercourse is liable to a custodial sentence of from one to ten years.
I hope you all see the problem and how this will result in not only false rape statistics but also male victims of rape not getting the recognition support and justice they deserve. In fact it could lead to there being no support at all given that governments generally will act solely on the statistics which in this case because of the lack of recognition will be wrong.
This is unacceptable and it has to change. I'm making this in the hopes that it will get enough support to either force a rethink of rape laws by these governments or inspire people in these countries to protest or do some sort of peaceful activism. It shouldn't matter if you identify as a feminist, egalitarian, men's rights activist or none of the above. Let's work together to create change and most importantly, help the victims who are currently being left out in the cold.
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