Right Lads. Time To Get the Rape Law Changed

Woodward

As you may or may not be aware, the wording of the Irish law does not recognize female-on-male non consensual sex as rape and as such a woman cannot be prosecuted to the same extent as a male who committed an identical act. It is about time something was done to change this and with the referendum on the 8th amendment announced, I feel that now could be a good time to grab some of the publics attention and get some equality under the law. How do you think is best to go about this?




Relevant Legislation:

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.

One eyed Jack

You're off to a bad start OP -


Rape under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990 is defined as a sexual assault that includes “penetration (however slight) of the anus or mouth by the penis, or penetration (however slight) of the vagina by any object held or manipulated by another person”. It applies equally  to both men and women and may be committed by either a man or a woman.


Source: Facts and Information About Sexual Violence and Rape, Dublin Rape Crisis Centre.

Woodward

That applies to anal rape of a man by a woman with an object. A woman forcing a man to penetrate her does not qualify as rape

tomwaterford

Woodward wrote: »

That applies to anal rape of a man by a woman with an object. A woman forcing a man to penetrate her does not qualify as rape

You imagine this is just an oversight?? and should be no problem/just matter of get TDs in to vote it through

One eyed Jack

Woodward wrote: »

That applies to anal rape of a man by a woman with an object. A woman forcing a man to penetrate her does not qualify as rape

A woman can be charged with aggravated sexual assault, which can carry the same sentence as rape -


3.—(1) In this Act “aggravated sexual assault” means a sexual assault that involves serious violence or the threat of serious violence or is such as to cause injury, humiliation or degradation of a grave nature to the person assaulted.

(2) A person guilty of aggravated sexual assault shall be liable on conviction on indictment to imprisonment for life.

(3) Aggravated sexual assault shall be a felony.

Peregrinus

Woodward wrote: »

That applies to anal rape of a man by a woman with an object. A woman forcing a man to penetrate her does not qualify as rape

"Anal rape with an object", whether of a man or a woman, is not rape under s. 4 unless the object is a penis.

Peregrinus

I think, if there's differing treatment for men and women, it's found here:

1. Sexual assault involving penetration of the vagina by any object is rape; but

2. Sexual assult involving penetration of the mouth or anus is only rape if it's penetration by a penis.

Obviously, only women have vaginas, so rape-with-an-object (that's not a penis) will nearly always be committed on a woman, and will mostly be committed by men. Obviously, this crime can be committed by a woman, and can be committed against a man (where a woman forces a man to penetrate her vaginally), but these will be fairly rare cases.

The questiong that occurs to me is, why is the penetration of the vagina with an object rape, but the penetration of the anus (or mouth) with an object not rape? (Assume that all these penetrations occur in the context of a sexual assault.)

iptba

‘To be raped is equally if not more shocking for a man’
A quarter of calls to the Dublin Rape Crisis Centre last year came from male victims

https://www.irishtimes.com/news/social-affairs/to-be-raped-is-equally-if-not-more-shocking-for-a-man-1.3244107

I wasn't sure which thread to post this to.

The only example given is of a group of men being involved. It will be interesting to see whether sexual assaults by women start getting reported and highlighted by organisations such as the Dublin Rape Crisis Centre.

Peregrinus

Peregrinus wrote: »

Obviously, only women have vaginas, so rape-with-an-object (that's not a penis) will nearly always be committed on a woman, and will mostly be committed by men. Obviously, this crime can be committed by a woman, and can be committed against a man (where a woman forces a man to penetrate her vaginally), but these will be fairly rare cases.

Considering the rise of transgenders and more availability of medical operations to alter the body, you might want to revise that assessment.

Soarer

So a dildo in a woman's anus isn't rape?

But it is in a man's?

Peregrinus

Soarer wrote: »

So a dildo in a woman's anus isn't rape?

But it is in a man's?

It's not rape in either case (at least, as defined by s. 4).

DEFTLEFTHAND

Deleted User wrote: »

Considering the rise of transgenders and more availability of medical operations to alter the body, you might want to revise that assessment.

Would be interesting to see where the law stands on this actually.

Especially since one's legal gender identity can now be changed, altering official documents like birth certs and passports etc.

Lux23

Deleted User wrote: »

Considering the rise of transgenders

Sounds like a Michael Bay movie.