male rape argument

[yoink 321]

Had an argument with a friend over the weekend - he thinks (and so does his lawer-in-training GF) that a man cannot be legally raped by a woman... (something to do with the law defining the use of a penis?)

I think it's bull and have bet 2 cases of good beer on the fact.

We've agreed that if someone can come up with 1 legal precedent or piece of law for my case, then I win...
Beer will be gladly shared with anyone who helps win the argument!

Any ideas?

Or even any thoughts on the matter?

[Faber 0]

A adult male cant be raped by a woman.that simple.. sorry you has lost...

Stay safe
Stefan Faber

[mr2mk1g 10]

The straight answer is, you're friends are right. No case law is required - look directly at the statute.

Quote

Sexual Offences Act 2003 s. 1

1 Rape

(1) A person (A) commits an offence if--

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b) B does not consent to the penetration, and

(c) A does not reasonably believe that B consents.

Women don't possess a penis - ergo, they cannot commit "rape" by this definition.

Women can of course commit a sexual assault on a man though and in practice the penalties for doing so may well be just the same as for a man who commits rape - all else being equal of course.

But no – women cannot "rape".

Of course if you want to pay me I'm sure I can come up with a good enough argument to win your friends over. I think my fee of 4 cases of good beer is very reasonable and I'll see if I can't win your bet for you... of course I offer no guarantees though, you can't sue me if I don't win and I get to keep my fee whatever.

[kbordson 8]

How about statuatory rape?
More than enough cases to back that argument up.

[Faber 0]

tecnical she could by the use of a dildo and there wont be any dna as evidence

Stay safe
Stefan Faber

[mr2mk1g 10]

The wording on statutory rape is that is illegal for a man to have sex with a girl under the age of 16/13 depeding on the charge.

Again it's gender specific.

[mnealtx 0]

Very good point, Doc...

Welcome back, BTW...how was Peru?

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[ccowden 0]

If an adult male can't be raped by a woman, then the ONLY form of rape that should be recognized by the law if forceful rape. Forget all the "date rape" stuff or the cases where the woman was intoxicated or under the influence of something. The fact is, there are probably more cases of what the law considers rape that don't involve force than the ones that do.

Example: a girl goes to a party, gets really drunk and starts flirting and loosening up with her judgment. She gets to the point of being almost incoherent and a guy sees this and takes her up stairs. She keeps telling him she wants to go home and not upstairs, but she is too drunk to fight and the guy knows this. He gets her to a bed and starts to take her pants off. She mummbles "no" but it is not very convincing and she is in no state to put up any fight at all. She even laughs and almost acts "into it", but she is obviosly wasted. So the guy does his business and they have sex and she doesn't fight it.

Most people, including the law, consider this to be rape because the guy took advantage of her not being able to make the decision she would have made if she were sober, and she eventually just gave in. Even though there was no physical force used.

I know personally of a situation exactly like this in the reverse. The guy didn;t want to have sex with the girl when he was sober, and had turned her down numerous times. He got wasted, she got him upstairs, he kept saying he didn't want to do it, but was also laughing and not fighting because of the state he was in, and the girl got what she wanted. He woke up the next day and was pissed. But what can he do. According to you, he wasn't raped, and there is nothing he CAN do. Even if he did try to press charges, the law and court would laugh at him.

There are plenty of rape situations that don't use much force or none at all that could be reversed on a male. If they don't qualify as rape, then it shouldn't for a woman either.

New law: Unless you are pinned to the ground, physically overcome, and force is used to violently assault you with sex, you were not raped.

I don't buy it. And the law doesn't either.

Absolutely, a male can be raped by a female.

[ccowden 0]

And there have already been cases where the "gender specific" argument didn't hold up. Both with woman raping a woman, and woman raping a man.

[Faber 0]

so she forced him got get a hard on...
wow.. i cant think of a time were my penis were hard were i didnt wanted to get laid...

im not buying it..........

Stay safe
Stefan Faber

[mr2mk1g 10]

If the man knew the woman was not consenting I do not see how the amount of force used comes into it - he knew she was not consenting and he still stuck his whowhodilly in her chacha [al-la south park].

How can anyone defend that decision? Call it rape or sexual assult, whatever - doing something sexual you know the other person doesnt want you to do is wrong. Now if the man thought she was consenting when she actually wasn't, then he gets away with it - so long as he can convince the jury of that of course.

In your mates scenario where the woman forced herself on him - over here he certainly wouldn't have been laughed at - in the UK, (about which this thread is), she would have committed a serious sexual assualt for which she would have gone to jail for. If that's different over there perhaps something should be done - but are you sure that's the case?

Force only comes into rape when we look at how long to sentence someone - the thing that makes a sexual assult a sexual assult is a lack of consent. If you know they don't consent and still touch them - that's wrong, even if you don't use force.

[adamjenner 0]

i knew a guy who was really drunk one night and some girl started to have sex with him and he was like "this doesn't feel like my girlfriend" so he tried to stop but she wouldn't.
he hasn't told his girlfriend yet EVERYONE knows.

that can classify? maybe? i don't know.

[ccowden 0]

That's horseshit. You think the teenager who gets a hard on during his doctor's examination secretly wants to have sex with him? And you have NEVER got a hard on when it doesn't have to do with sex?

And that is not the point. The point is that a girl can persuade a guy past his saying no or "fighting it" until he gives in and basically lets her. The law recognizes that as rape when it is done to a woman. Even if she eventually gives in, the fact that she said no, was under the influence and the guy knew she didn't want to, is enough to charge him with rape. Sometimes they win, sometimes they don't, but the law will allow it to go to trial as rape.

[ccowden 0]

I absolutely agree with you. If the person, male or female, knows the other is not consenting but continues to the point of sex, then it is a form of rape. Physical force does not need to be used.

I have seen girls who were drunk enough that even though they would initially say no, they could be persuaded into it because of their state. The same can be said of guys. Drunk people can be pretty easy to convince into doing something they don't want to or wouldn't have if they were sober.

[mr2mk1g 10]

The point is, the two acts differ in name alone.

The chick will still be prosecuted for a sexual offence, still go to jail, still have her name entered on the sexual offenders list still have all that on her record.

[ccowden 0]

Exactly. I guess it just comes down to how you define "rape."

To me, it is non-consentual sex.

If you believe that once you give in to sex no matter if you said no initially or not, it's not rape and it becomes consentual, then we will disagree. Not you mr2, I agree with you, I am saying in general.

[Faber 0]

if you read my first post i state ADULT MALE cant be raped,dont bring kids intothis it aint allowed to be talken about on this forum and the tread is neither if it were kids...

Quote

And you have NEVER got a hard on when it doesn't have to do with sex?

yes i still have morning hard on,but that is either becourse i need to visit the wc or if im horney.
No person could make it hard against my will.

Quote

The point is that a girl can persuade a guy past his saying no or "fighting it" until he gives in and basically lets her.

if he really dont want to he dont get a hard on...

Stay safe
Stefan Faber

[bobsled92 0]

Good morning Faber....sorry to wake you up to the facts.
a friend of mine was invited up to a cabin then held against his will(roped down to a bed) and forced at knife point to have sex with the 2 girls.
THese 2 girls later picked up a guy near here and forced him to pleasure them and they stuck thing up his ass. they shot and killed him. they were last seen in a pickup truck wearing soft ball uniforms(no shit=dykes).
They are wanted on 2 counts of rape and 1 count of murder.
case and POINT!

_______________________________
If I could be a Super Hero,
I chose to be: "GRANT-A-CLAUS". and work 365 days a Year.
http://www.hangout.no/speednews/

[yoink 321]

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No person could make it hard against my will.

go to the hospital and demand a PR... and then bend over!

stimulation of the prostate (in this case for an examination) will arouse many men - it's simply a physiological response.

[Faber 0]

oki i give up,it might work if you force me to eat viagra but that aint fair..

Stay safe
Stefan Faber

[321seeya 0]

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Example: but she is too drunk to fight and the guy knows this. He gets her to a bed and starts to take her pants off. she is in no state to put up any fight at all. She even laughs and almost acts "into it", but she is obviosly wasted. So the guy does his business and they have sex and she doesn't fight it.

Beer...Helping ugly people to get laid since 1884.....

BASE 3:16 - Even if you are about to land on a cop - DONT FORGET TO FLARE!
Free the soul -- DJ

[tigra 0]

How nice of you to make a joke about date rape.

[Tonto 1]

I'm guessing the women will be giving you plenty of room at the next few boogies after a comment like that.

t

It's the year of the Pig.

[GTAVercetti 0]

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oki i give up,it might work if you force me to eat viagra but that aint fair..

Getting a hard on without wanting it is certainly possible. Physical arrousal does not automatically equate to mental arousal.

Just because your mind does not want it, does not mean your body will not respond.

Why yes, my license number is a palindrome. Thank you for noticing.

[akjmpplt 0]

Look again at the law:

(a) An offender commits the crime of sexual assault in the first degree if

(1) the offender engages in sexual penetration with another person without consent of that person;

(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;

In my state (Alaska) there is no such thing as rape...all the offenses are sexual assualt. Gender doesn't matter.

SmugMug