Rape: Encyclopedia II - Rape - Law

Rape - Law

Rape - Common law

In the common law of the United Kingdom, Australia and the United States, "rape" traditionally describes the act of a man who forces a woman to have sexual intercourse with him. Until the late 20th Century, forced sex by a husband against his wife was not considered "rape", since a woman (for certain purposes) was not considered a separate legal person with the right of refusal, or sometimes was deemed to have given advanced consent to a life-long sexual relationship through the wedding vows. However, most Western countries have now legislated against this exception. They now include spousal rape (vaginal intercourse), and acts of sexual violence, such as forced anal intercourse which were traditionally barred under sodomy laws, in their definitions of "rape". The term "rape" is sometimes considered "loaded", and many jurisdictions recognize, in its stead, broader categories of sexual assault or sexual battery.

Rape - English law

Under the Sexual Offences Act 2003, which came into force in April 2004, rape in England and Wales was redefined from non-consensual vaginal or anal intercourse, and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable with a maximum sentence of life imprisonment.

Although a woman who forces a man to have sex cannot be prosecuted for rape under English law, if she helps a man commit a rape she can be prosecuted for the crime (see, for example, the conviction of Claire Marsh in 2001). A woman can also be prosecuted for causing a man to engage in sexual activity without his consent, a crime which also carries a maximum life sentence if it involves penetration of the mouth, anus or vagina. The statute also includes a new sexual crime, called "assault by penetration", which also has the same punishment as rape, and is committed when someone sexually penetrates the anus or vagina with a part of his or her body, or with an object, without that person's consent.

Rape - United States Uniform Crime Reports

In the United States, the Uniform Crime Reports use the term, "forcible rape", only to describe rapes perpetrated by men against women. The respective States, however, often independently expand the definition. Male-on-male rapes are usually recognized as such, as are female-perpetrated rapes.

Adapted from the Wikipedia article "Law", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki