Uk Law: Can Women Legally Rape Men?

In the UK, rape is a criminal offence defined as when a person uses their penis to penetrate another person without that person's consent. The law recognises that victims of rape can be male or female, and that a man can be charged with raping his wife or partner, regardless of whether they live together. While rape typically involves penile penetration of the vagina, anus, or mouth, it is important to note that sexual assault by penetration with fingers or an object is also a serious offence.

Rape defined by English law

Rape is a statutory offence in England and Wales, as defined by section 1 of the Sexual Offences Act 2003. This act replaced the previous definition, which was provided by section 16 of the Offences Against the Person Act 1828. The 1828 Act defined rape as a felony, punishable by death. The death penalty for rape was abolished in 1841, and the offence was reclassified as a form of crimen vis, or "crime of assault".

The Sexual Offences Act 2003 provides a broader definition of rape, stating that it is an offence for a man to rape a woman or another man. The act also covers penile penetration of the mouth, in addition to the vagina and anus. The law also altered the requirements of the defence of mistaken belief in consent, stating that a belief must be both genuine and reasonable. This change was the subject of some debate, as it permits a man to be convicted of rape if he thought a person was consenting, even if a jury finds the circumstances of this belief to be unreasonable.

The crime of rape is unique in that it focuses on the victim's state of mind and actions, in addition to that of the defendant. The victim is required to prove a continued state of physical resistance, and consent is conclusively presumed when a man has intercourse with his wife. This presumption of consent in marriage has been challenged in court, with the ruling that the word "unlawful" does not exclude marital rape.

The definition of rape has varied historically and culturally, with the original meaning of "carry off by force" still found in some phrases and titles. In Medieval English law, the term "rape" could refer to kidnapping or sexual violation. The common law definition of rape was "the carnal knowledge of a woman forcibly and against her will", with carnal knowledge defined as the penetration of the female sex organ by the male sex organ. This definition has been broadened to include male rape, with the offence previously covered by the legal domain of sodomy.

Women as principal offenders

In the context of UK law, the discussion around whether a woman can rape a man is complex and multifaceted. While there have been significant changes in legislation and societal perceptions, it is essential to examine the specific scenario of "women as principal offenders" in rape cases. This exploration will delve into the legal intricacies, historical perspectives, and evolving understanding of sexual violence.

Historically, the crime of rape was defined differently from its modern interpretation. According to common law, rape was defined as "the carnal knowledge of a woman forcibly and against her will." This definition, attributed to Lord Chief Justice Sir Matthew Hale in the 17th century, placed a strong emphasis on the victim's state of mind and actions, requiring them to prove a continued state of physical resistance. Notably, consent was presumed in cases where a man had intercourse with his wife, reflecting the societal norms of the time.

However, over time, societal attitudes and legal interpretations have evolved. The Sexual Offences Act 1956 was amended in 1994, providing a broader definition of rape. This new definition focused on the absence of consent rather than solely on the act of intercourse. It stated that a person commits rape if they have sexual intercourse (vaginal or anal) with another person who does not consent to it. This amendment marked a significant shift by recognizing that rape is not solely about physical force but also about the absence of consent.

Despite these changes, the discussion around "women as principal offenders" in rape cases remains complex. In the past, it was believed that a woman could not commit rape as a principal offender due to the nature of the offence. This perspective was based on the understanding that rape required physical force, which was typically associated with male perpetrators. However, with the evolving understanding of rape and the recognition of non-physical forms of coercion, the legal interpretation has also evolved.

In the modern context, the Sexual Offences Act 2003 further broadened the definition of rape. It replaced references to vaginal or anal intercourse with penile penetration of the vagina, anus, or mouth. This change acknowledged that rape can occur in various forms and that it is not solely limited to heterosexual contexts. However, it is important to note that, according to academic experts, the Sexual Offences Act 2003 specifies that only men can commit rape. This limitation has sparked discussions about the experiences of transgender individuals within the criminal justice system, highlighting the need for a more nuanced approach to gender-specific definitions.

In conclusion, while societal perceptions and legal interpretations of rape have evolved, the discussion of "women as principal offenders" remains complex. Historical perspectives and legal definitions have shaped our understanding of rape, but it is essential to recognize that rape is a multifaceted issue that goes beyond physical force. By acknowledging non-physical forms of coercion and the diverse experiences of victims, we can strive for a more comprehensive understanding of sexual violence and work towards a more inclusive and responsive legal framework.

Rape conviction by deception

In the UK, rape is defined as when:

> a [person] has sexual intercourse with a person (whether vaginal or anal) who at the time of the intercourse does not consent to it.

The law also states that:

> [a person] is reckless as to whether [the other person] consents to it.

In 2015, a woman was sentenced to eight years in prison for pretending to be a man to have sex with another woman. In 2019, serial rapist Jason Lawrance appealed against one of his convictions, in which he told a victim he had had a vasectomy, but later admitted that this was untrue. The conviction for rape by deception was the first of its kind in the UK. The Court of Appeal ruled that deceit about fertility does not vitiate consent to sex and quashed Lawrance's conviction.

In 2023, legal experts called for a new UK offence of "inducing sexual activity by deception", which would cover the making of false representations and nondisclosure of information. The CRLN Network fully drafted the new offence, which it proposed should be added to the existing Sexual Offences Act 2003 and carry a maximum jail term of 10 years.

In the US, there have been several cases of rape by deception. In 2008, a Massachusetts woman unknowingly had sex with her boyfriend's brother, but he could not be prosecuted because Massachusetts law requires that rape includes the use of force. In California, a man was convicted of rape by deception when he had sex with a woman while she was asleep. In Israel, a man was convicted of rape by deception when he posed as a government official and promised women state benefits in exchange for sex.

Rape victims' support services

In the UK, rape is defined as: "(1) It is an offence for a man to rape a woman or another man... (a) he has sexual intercourse with a person (whether vaginal or anal) who at the time of the intercourse does not consent to it". The law also recognises that a man commits rape if he induces a married woman to have sexual intercourse with him by impersonating her husband.

Rape victims can access support services to help them deal with the trauma they have experienced. It is never too late to get support for sexual violence or abuse. Here are some services available:

• The Survivors Trust: A national membership organisation supporting specialist rape and sexual abuse services in the voluntary sector. They have over 120 member organisations throughout the UK and Ireland who provide specialist support services to over 100,000 survivors annually. They offer an Online ISVA Advisory Service, which provides access to specialist knowledge and guidance around options and rights by qualified ISVA practitioners.
• Rape Crisis: A national charity offering confidential help, advice and a range of Rape Crisis Centres.
• Survivors UK: A national charity supporting men who have been raped or sexually assaulted.
• Crimestoppers: A national charity with a free helpline for reporting crime anonymously.
• Refuge: Provides support to women, children and men with a range of services, including refuges, independent advocacy, community outreach and culturally specific services.
• Women's Aid: A national charity working to end domestic abuse against women and children.
• Victim Support: A national charity dedicated to helping anyone affected by crime, including friends and family. They offer a 24/7 Support Line on 08 08 16 89 111 or live chat.
• The Havens: Specialist centres across London where victims of rape and serious sexual assault can get support and advice. They can provide medical help and confidential advice about your options, even if you are not ready to talk to the police.

Rape penalties and sentencing

Rape is one of the most serious accusations someone can face, and the penalties for rape offences are severe. Rape is defined as an incident whereby someone intentionally penetrates the vagina, anus, or mouth of another person without their consent. The concept of consent is where rape allegations become complicated. For someone to consent, they must agree, by choice, to engage in the activity and have the mental capacity/ability to make their choice. For example, if someone is intoxicated or under the influence of drugs, they may not be able to make an informed decision.

Rape convictions typically include prison sentences, with the length of the sentence and other penalties depending on the particular circumstances of the case. Rape carries a maximum sentence of life imprisonment. The courts take these cases very seriously, making sure justice is served no matter how much time has passed, often looking very closely at the impact the historic offending may have had on someone's life.

In addition to the initial sentencing, there are some additional consequences that may be faced by those convicted of rape. This includes receiving a criminal record, which must be submitted with future job and housing applications, making life after a conviction more challenging. Rape convictions will also appear on a DBS check, which may make it difficult to get hired in the future. Furthermore, those convicted may be added to the Sex Offenders Register, requiring them to inform the local police within three days of release. A Sexual Harm Prevention Order (SHPO) may also be imposed, which can prevent the offender from engaging in certain activities, such as having unsupervised contact with children under the age of 18.

Several mitigating factors may reduce the penalty for rape charges. The judge must assess each case individually, taking into account aspects such as the defendant's lack of previous convictions or related convictions.

Frequently asked questions