How do YOU define rape?

[lovechild27]

You all talk about women being raped...there are cases of men being raped. They are rarely reported though (for obvious reasons) Would you all consider the same standards to be in place for a man to be raped?

 

[AmenRa]

The legal definition

Rape - a person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person raped is the wife of the defendant shall not be a defense against the conviction for the crime.

This comes from the Official Code of Georgia, Annotated (16-6-1).

The exact readings or interpretations of your own state laws may differ from what I have written. I can, unfortunately, only speak of laws of which I am familiar with.

The courts have upheld that three elements must be present for rape to have occurred: (1) force (2) penetration (3) non-consentual. The use of force could be construed as physical force (i.e. brute strength), the threat or use of a weapon, or emotional or psychological trauma. In order for rape to occur, actual physical penetration of the vagina by the penis must have been completed. And of course, the act must have been without the consent and against the will of the victim.

An interesting note on that: there was a case wherein a mentally retarded female was raped. The defense argued that the female consented to the act. The prosecution sought that even though she may have said "yes", she did not have the mental capacity to fully understand what she had said "yes" to, and therefore was incapable of giving consent. A conviction for the crime was had. The defense appealed, and the appellate court upheld the superior court's affirmation of the conviction. Score one for the good guys!

 

[Blackbich]

You all talk about women being raped...there are cases of men being raped. They are rarely reported though (for obvious reasons) Would you all consider the same standards to be in place for a man to be raped?

Yes, I would say the standards are the same.

 

[Guest]

 

[DevilBoy79]

Inspired by Morcheeba's post in the Anal Timeline thread, I want to ask - what do YOU understand rape to be? She did not consent to having anal sex but apparently everything else was okay.

I was in a marriage for years where I gave in to sex because my husband would make me feel guilty and give me the silent treatment for days if I didn't......is that still rape? He would get impatient and just get his rocks off, while I lay there and hated every minute of it. His emotional abuse had eventually killed off any feelings I might have had for him originally, and I hated him to even touch me. He wasn't violent towards me, but I still remember how it would hurt when he pushed himself into me. My lover called it rape, I had never really thought of it like that......

It's taken a lot of time and patience to get me to be comfortable and to enjoy sex. I realise now that it was sex with HIM that I hated......but with the right partner it's wonderful

i might have to dig out and re-consult my law book, but legally at anytime if a woman says no she wants to stop, even if in the middle of some sexual activity, its considered rape if the partner doesnt stop when ask

 

[DevilBoy79]

Re: Re: How do YOU define rape?

typing error, meant to edit the above, and hit wrong button sorry

 

[KindaKinky]

I hate rapists, along with men who hit women. You do either one of those things, hand in your manhood, because you're no longer a man.

So what does it make him?

 

[sheath]

Re: The legal definition

Rape - a person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person raped is the wife of the defendant shall not be a defense against the conviction for the crime.

This comes from the Official Code of Georgia, Annotated (16-6-1).

The exact readings or interpretations of your own state laws may differ from what I have written. I can, unfortunately, only speak of laws of which I am familiar with.

The courts have upheld that three elements must be present for rape to have occurred: (1) force (2) penetration (3) non-consentual. The use of force could be construed as physical force (i.e. brute strength), the threat or use of a weapon, or emotional or psychological trauma. In order for rape to occur, actual physical penetration of the vagina by the penis must have been completed. And of course, the act must have been without the consent and against the will of the victim.

An interesting note on that: there was a case wherein a mentally retarded female was raped. The defense argued that the female consented to the act. The prosecution sought that even though she may have said "yes", she did not have the mental capacity to fully understand what she had said "yes" to, and therefore was incapable of giving consent. A conviction for the crime was had. The defense appealed, and the appellate court upheld the superior court's affirmation of the conviction. Score one for the good guys!

Okay...so, here's a question. A scenario. A woman gets into an argument with someone who wants to have oral sex with her. She refuses. He holds her down against her will and somehow forces her to perform oral. So...no penetration of the vagina is involved.

According to this definition, that would NOT be rape? Possibly considered only assault and battery?

S.

 

[Mr.G]

?

I haven't read every post so 'scuse me if I am repeating another arguement but...

I was a cop for many years and I saw rapes. I saw rapes where victims (doesn't matter whether male or female) had to go through 11+ hours of surgery to close up anal ruptures, vaginal tears, broken ribs, punctured lungs, ruptured spleen, torn nipples, stab / knife wounds where the assailant carved initials in the victim's chest. You get the picture. many victims can and will NEVER have another sexual relationship for the rest of their days on earth. Some are so terrified they can no longer function in society.

It makes me sick when some of these militant feminist lawyers and university policy makers have persuaded courts etc. that during consensual sex where she decides AFTER intercourse has started that she wants to stop. When he doesn't stop for another 30 seconds - THAT IS CONSIDERED RAPE. It is an insult to every person who has been raped.

Of course my "worse case " rape descriptions are just that. Many real rapes do not have to include physical violence - the THREAT of death, mutilation etc is enough to paralyze many victims. My definition of rape has always been VIOLENCE or threats of violence. Rape is not a sexual crime. It is a crime of violence. There are degrees of violence but THAT defines all rapes and acts of rape. An act (say anal) that is not agreed to by the victim and forced on during other acts of consensual sex is still a rape. Sexual intercourse that doesn't stop at the exact second she remembers she forgot to let the cat out is NOT. Because universities and the law now sees very little difference between the two there are lives being ruined by a sickening inclusion of fem politics and criminal acts.

This is a good discussion because there are a lot of young people who read these posts and they really should think about WHAT exactly constitutes the criminal act of rape and what amounts to mostly an act of rudeness and insensitivity.

My 2¢

 

[lovechild27]

Awesome Mr.G

I have to agree with you

 

[Amfig]

To Sheath: about 25 or so years ago most states started revising sex offense laws to define sex offenses in terms of violence. Many chose to reserve the label "rape" solely for vaginal penetration, but created an aggravated sexual battery or some other similar name for forcible anal and vaginal penetration. Most such laws are written in gender neutral language. North Carolina and Maryland, for example, both did exactly that. So the example you pose would be an aggravated sexual battery rather than rape. A bit of a distinction with very little difference.

To Mr. G.: I have been in a criminal courtroom no more than a dozen times in about the last 20 years (at either table, and I have sat at both prosecutor and defense tables in my career) because I became convinced that feminists, the politically correct and the do-gooders generally were beginning to ruin the criminal justice system as a whole. My infrequent appearances in those courtrooms that involve domestic or criminal law or law enforcement, convince me that I was right to leave that line of practice, and that some very misguided thinking has won the day.

 

[lovechild27]

no one here said men were never raped

Not that anyone disagreed....but when this does occur it is usually laughed at...much like when women sexually harass a man. And it is possible to rape a man...regardless of size....date rape drugs work on them too...along with taknig advantage when they are drunk! It seems that this is all one sided, and it DOES happen. Can also happen with gay men and does often (I am unfortunate enough to know a male who was in that situation) and he was never taken seriously by anyone...at the hospital....by the police...his family. He found VERy little support. SO it can and does happen and society seems to think it is impossible to happen so they look the other way when it occurs.