Woman-On-Man Rape: Is It Legally Recognized?

Rape is defined as the act of having unlawful sexual intercourse without a person's consent, regardless of the victim's gender. While every state has now developed or amended its laws on rape to be gender-neutral, male victims of sexual abuse by females often face social, political, and legal double standards. For instance, in the UK, a woman cannot rape a man or another woman as a matter of law, as the Sexual Offences Act of 2003 defines rape as penile penetration, making it biologically impossible for a woman to commit the offence. However, women can still sexually assault men and other women, and their victims may morally define their experiences as rape.

In the US, every state has amended their laws to be gender-neutral

In the United States, rape is federally defined as:

> "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."

However, individual state definitions may differ. For example, in Illinois, the term "criminal sexual assault" is used instead of rape.

Historically, the definition of rape was narrow and gendered, focusing on an act of sexual intercourse by a man with a woman, against her will. This definition has been expanded to include oral and anal penetration and to be gender-neutral, recognising that rape can be committed by any person against any person.

In the US, every state has amended its laws to be gender-neutral, meaning that a woman can be prosecuted for raping a man. This change in legislation has helped to dispel the perception that rape rarely occurs to men and ensures that social stigmas do not prevent the state from punishing a female rapist. The new definition also encourages male victims to seek help.

Some states recognise penetrative sex without consent and without the use of force as a crime, while others require that force or coercion was used for nonconsensual penetrative sex to be considered a crime. Similarly, some states recognise non-penetrative sex acts without consent as a crime, while others do not.

In addition to amending existing laws, some states have also added new laws that criminalise other forced sexual acts between parties of different genders, ages, or sexual orientations. For example, a woman can be charged with the statutory rape of a minor boy.

In the UK, a woman cannot rape a man or another woman as a matter of law

The requirement of penile penetration for a charge of rape has been criticised as a double standard that reinforces harmful gender stereotypes. It has been argued that a woman having sex with a man without his consent should be considered rape. This would recognise that women can be sexually aggressive and dominant, and that men are not always 'up for' sex. It would also undermine sexual gendered stereotypes that cloud the way that sex between men and women is viewed, which can be particularly harmful to women.

Prior to the Sexual Offences Act of 2003, male rape was not recognised as a crime in the UK. If a man had sex with another man without his consent, the crime was considered buggery, with a maximum penalty of 10 years, compared to life imprisonment for rape. The 2003 Act made the victim of rape gender-neutral, but maintained the requirement of penile penetration, which has been described as a 'phallo-centric' approach.

While the law currently defines rape as requiring penile penetration, there are other sexual offences that address non-consensual sexual activity, including those that can be committed by a man or a woman. For example, the offence of assault by penetration carries the same maximum penalty as rape. However, there are ongoing debates and petitions to change the legal definition of rape in the UK to include female-on-male rape.

In 2011, a Beijing security guard was convicted of intentional injury instead of rape

Rape was defined in Chinese law as forcing a female to engage in sexual intercourse against her will, so the case did not qualify as rape. A lawyer commented that a rape conviction would have carried a sentence of at least three years in prison. This case highlights the legal double standards that exist for male victims of sexual abuse by females. Male victims of sexual abuse by females often face social, political, and legal challenges that female victims may not encounter.

The legal system in China has historically been restricted in its recognition of sexual violence, with policies predating the Beijing Declaration. In 2007, the U.S. Department of State reported 31,833 rapes in China, but no similar report has been released by the Chinese government. Same-sex sexual assault between male adults was only made illegal in late 2015, and domestic and foreign victims of sex trafficking in China are vulnerable to rape. During the Qing dynasty (1644–1912), rape was challenging to prove, and a woman who was sexually assaulted could be criminally prosecuted for "consensual illicit intercourse" if she could not prove that she had fought back.

The case of the Beijing security guard is not isolated. In 2013, Emayartini became the first Indonesian woman to be sentenced to prison for raping six teenage boys. However, she almost escaped punishment due to being deemed to have a mental disorder and was subject to the Child Protection Law instead of the laws against rape. Similarly, in the United States, several widely publicized cases involved female teachers having illegal sex with underage male students. These cases highlight the need for legal recognition and appropriate labeling of "forced-to-penetrate" cases as rape, regardless of the gender of the perpetrator or victim.

In 2013, an Indonesian woman was sentenced to prison for raping six teenage boys

In 2013, Emayartini became the first Indonesian woman to be sentenced to prison for raping six teenage boys. The case highlighted the double standards that male victims of sexual abuse by females often face, as she was subject to the Child Protection Law rather than the laws against rape. This is because, according to the Kitab Undang-undang Hukum Pidana (Indonesian Penal Code), males cannot be the victims of rape.

The case also brought attention to the issue of sexual abuse in some of Indonesia's religious boarding schools. Emayartini was initially deemed to have a mental disorder, which almost allowed her to escape punishment. However, she was ultimately sentenced to prison, setting a precedent for the recognition of male rape victims in Indonesia.

The traditional definition of rape was narrowly defined as an act of sexual intercourse by a man with a woman, against the woman's will. This perception has been reinforced by misconceptions and social stigmas, such as the belief that women cannot physically overpower men or that men always desire sex. However, contemporary laws in many countries have evolved to recognize that a rapist or victim can be an adult or child of either gender.

For example, in the United States, the Federal Bureau of Investigation (FBI) revised its definition of rape in 2012 to be gender-neutral, including various forms of penetration without consent. Similarly, India amended Article 237, which criminalizes "forcible indecency," to be gender-neutral, allowing for the prosecution of sexual offences against males. These changes in legislation have helped to combat the perception that rape rarely occurs to men and encourage male victims to seek help.

Despite these legal advancements, social and political double standards surrounding male rape persist. Male victims of sexual abuse by females may face stigma and disbelief, as seen in the case of Cierra Ross, who made national headlines for sexually assaulting a man in Chicago. Additionally, some countries, like Indonesia, still have laws that do not recognize male rape victims, demonstrating the ongoing need for legal reform and social awareness.

Male rape victims often face social, political, and legal double standards

Furthermore, the idea that males are less traumatized by sexual abuse than females is inaccurate. Studies show that male victims experience more intense anger and similar distress as female victims, with more profound depression and hostility immediately post-rape. The social stigma and disbelief surrounding male rape can exacerbate these negative effects. Male victims may also face unique challenges, such as the belief that they must have been aroused or enjoyed the experience, which can make it difficult for them to recognize and process their trauma.

The legal system has also historically contributed to the double standards faced by male rape victims. In the past, the definition of rape was often narrowly defined as an act of sexual intercourse by a man against a woman's will, excluding male victims. While many jurisdictions have amended their laws to be gender-neutral, some still use the traditional definition. Additionally, male victims may face challenges in proving lack of consent, especially in cases of "made-to-penetrate" scenarios, where they are forced to engage in penetration without proper consent.

The impact of these double standards can be seen in the underreporting of male rape cases. Male victims may be reluctant to come forward due to fears of stigmatization, disbelief, or not being taken seriously. This underreporting can lead to a lack of accurate rape statistics and hinder the recognition of the prevalence of male rape. It is important to address these double standards to ensure that all victims, regardless of gender, receive the support, justice, and recognition they deserve.

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