Gender Neutrality in Rape Law
Please click HERE to download the full dissertation
by Ada Inoma
Introduction
The Sexual Offences Act 2003 defines the offence of rape as ‘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.’
This dissertation argues that the current rape law provides a limited definition. It is restricted to penile penetration and excludes other violent sexual acts of like heinousness, such as female-on-male rape and penetration with objects. The objective of the dissertation is to demonstrate that the law of rape should be reformed to display gender neutrality. This argument is made because rape law should reflect the current nature, effects and dynamics of non-consensual penetrative sex acts. It should reflect the purpose of rape laws and protect sexual autonomy from the harm of non-consensual penetrative sex acts. Additionally, the criminal law should not make unnecessary distinctions based on gender. These will form justifications for gender neutrality discussed further in the dissertation.
Men and boys are raped and sexually abused by women, however such occurrences are rarely acknowledged or documented. In a research conducted, eleven male participants reported cases of sexual abuse ranging from child sexual abuse to forced sexual assaults involving violence; some of which occasionally involved incestuous abuse. Some survivors relayed instances of being tied up, manipulated to erection and mounted to the point of ejaculation. One man reported being threatened with castration at knifepoint if he did not maintain an erection. He recalled the period of forcible restraint and repeated sexual assaults continuing for longer than 24 hours. Another man reported being fondled and mounted for a year, by an older female babysitter, when he was ten years old. He recalled reporting the experience to his parents, however, his parents punished him for her improper conduct. Society, as a result of social construction of gender roles, often deprives male rape survivors from recognising their victimisation. It is therefore crucial to highlight a more nuanced understanding of male rape.
Chapter one of the dissertation aims to establish that the harms of male rape are as significant and serious as the harms of female rape. It acknowledges that each rape survivor’s experience may be different, however, maintains that the harms suffered by male survivors should be treated with equal respect as the harms suffered by female survivors. The chapter observes the impact of rape on male and female survivors to demonstrate that the harms of male rape are sufficient to justify a reform of the law. Chapter two analyses a wide range of concerns from critics of gender neutrality. It presents the arguments expressed by the Government and academics to justify gender specificity in rape law. It then highlights the inadequacies in those arguments. Chapter three explores gender neutrality as the most suitable line of approach for the law of rape. It defines gender neutrality and explains the purpose of gender neutrality in rape law. Afterwards, it provides the rationale for a gender-neutral rape law reform. Finally, chapter four proposes an appropriate gender-neutral rape law that addresses all the issues of the dissertation. In the context of this dissertation, rape will be taken to mean all sexual assaults of penetration, including oral penetration and penetration with a body part or object, regardless of the gender of the perpetrator or survivor. Furthermore, the term ‘victim’ is replaced for ‘survivor’. The term ‘survivor’ embodies a kind of strength and portrays that the survivor is still present and powerful, since the very fact that a person is rendered vulnerable does not suggest vulnerability is permanent.
