Rape Law in Ireland

Amazotheamazing

Firstly, is it true that only a man can commit rape and only a women can be raped under the 1990 Act? I was under the impression that the Rape Crisis Centres had reported an increase of men who were "raped", how would these cases be dealt with by the courts, would simple assault charges suffice?
Also how does s.4 deal with the rape of a man by a woman using a hand-held object?

(and no, these aren't personal questions )

Thirdfox

s.4 explicitly states that rape with a handheld object can only occur in the vagina... so unless some "man" got an operation to get an artificial vagina (and perhaps even in that scenario) it is unlikely to be accepted that male rape with a handheld object can occur.

Men can be raped by men s.4 states that penetration of the anus or mouth by a penis amounts to rape. Obviously as women do not posess a penis they cannot rape under s.4 (a).

So I do not see how women can rape men unless by common design (i.e. they were participants of a gang rape etc.).

relevant provision:

http://www.irishstatutebook.ie/

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.

(2) A person guilty of rape under section 4 shall be liable on conviction on indictment to imprisonment for life.

(3) Rape under section 4 shall be a felony.

Sangre

Rape is such a harsh word. I prefer surprise sex

Amazotheamazing

But that's my point Thirdfox, should a woman anally rape a man under some bizarre turn of events, with a hand held object, what charges would be pressed? Is it legally impossible for a women to rape a man, no matter what?

Thirdfox

Sexual assault would probably be the charge... may be aggravated sexual assault (up to 15 years). 15 years is pretty close to life... but it's still not exactly in line with equality laws in my opinion.

Like I said I can only think of the situation where the woman was part of a gang that raped someone and could be charged as a principal to the crime.

I see the law (in this case) as being dreadfully worded (almost to the extent of openly displaying sexual discrimination towards men).

Saruman

Hang on.. why can a woman not rape a man??? Your average man is usually going to be stronger than your average woman but there is no reason a big strong woman can not rape a smaller guy. None whatsoever and im pretty sure it has happened!!!

Amazotheamazing

I agree with you Thirdfox, it is poorly drafted. It's not going to help the victim anyway.

Thirdfox

Saruman wrote:

Hang on.. why can a woman not rape a man??? Your average man is usually going to be stronger than your average woman but there is no reason a big strong woman can not rape a smaller guy. None whatsoever and im pretty sure it has happened!!!

Shame may have played a part in men not coming forward to say that they've been raped... that's the society we live in I'm afraid...

Case in point - my (female) friend told me that she saw a dazed man walking along the street who said "I think I've been raped" and she thought it was hilarious :eek: - would the same have happened if a woman had said that?

Petition your local representatives to change the law - if enough people raise the issue then they have to deal with it... Democracy works (kinda!)

Eru

Section 2 Rape amendment Act 1990 is being ignored here.

Also, sexual assault is used within the definition of rape and rape is used in the definition of sexual assault.

I do hwever agree that Section 4 was worded in a terrible narrow minded manner however that was part of the reason for s2 to be created.

Thirdfox

"Section 2 Rape amendment Act 1990 is being ignored here."

I do not agree with all due respect - sexual assault carries a maximum of 5 years imprisonment, rape (under section 4) carries maximum of life.

In my mind there is a fundamental difference with being convicted with rape and being convicted with sexual assault (even if aggravated [under section 3]).

Eru

On a personal level you may be right but on a legal the line is not so clear between the 2 and the original question didnt discuss sentences just male rape.