B782 - Legal Redefinition of Rape Act 2015 Watch

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Birchington
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B782 - Legal Redefinition of Rape Act 2015, TSR Green Party


Legal Redefinition of Rape Act 2015

An act to extend the legal definition of rape, to ascertain fairness and gender equality.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. To amend Part 1 (1) of the Sexual Offences Act 2003 c. 42 from:

(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.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

To:

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

(a) they intentionally penetrate the vagina, anus or mouth of another person (B) with their penis, or

(b) penetrate the vagina or anus of another person (B) with any objects with sexual intent and/or with the intention to employ sexual methods in order to assert power over said person (B), or

(c) intentionally use the penis of another person (B) for the purpose of penetration of their own (A) vagina, anus or mouth,

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

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

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

2. Commencement, Short Title and Extent
(1) This Act may be cited as the Legal Redefinition of Rape Act 2015.
(2) This Bill shall extend to the entire United Kingdom; and
(3) Shall come into force immediately following Royal Assent.


Notes Currently, a woman cannot legally rape a man. Should a woman take advantage of a man without his consent, the most she can be charged with is sexual assault. Whilst penalties upon conviction are similar, regardless of the definition of the offence, any act involving penetration without consent should carry the same definition according to the law, regardless of the sex of the victims and the perpetrators.

This extends to penetration without consent of the anus or vagina with any object (for instance a dildo). The current definition is too restrictive; whether the penetration takes place with a penis or an object, it amounts to a physical invasion of a sexual nature, and the trauma suffered by victims of such an act is substantial and should be acknowledged.

This legal redefinition is a move to send a strong message that an act of rape of any sex will not be tolerated.

A link to the current definition can be found here - http://www.legislation.gov.uk/ukpga/2003/42/part/1
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PetrosAC
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If I were an MP, a definite Aye. I hope this passes through smoothly.


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Airmed
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I like, I like it a lot, Greens. Would have my vote.
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The Legal Eagle
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I have a question to raise first:
- 1b - why not the mouth, too?

I do also believe s.6 Interpretation Act 1978 (here) states simply that he means she and vice versa. Judges interpreting this Act would surely use that basis to secure the conviction - based on the purpose of the Act. Therefore the change from "he" to "they" seems unneccessary.

This is actually incredibly well written - kudos to the author! An aye, for now.
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Tahret
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This is a very good bill to be fair.

The problem of inequality in rape definitions has been here for too long.
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Aph
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Aye.
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TeeEff
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From what I can see, an excellent bill. Kudos to the Greens

Aye
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Asolare
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You can guarantee support from me, a very good bill.
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thehistorybore
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Aye, although I am a little concerned about the line blurring between sexual assault and rape by 1(b).
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Tahret
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(Original post by thehistorybore)
Aye, although I am a little concerned about the line blurring between sexual assault and rape by 1(b).
The part about "asserting power" is slightly concerning; it seems a little vague and may be applied in a way that isn't intended by the writer of the bill.
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Saracen's Fez
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Aye.
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RayApparently
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Aye.
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James Milibanter
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Aye!
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Blue Meltwater
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Aye - glad to be getting cross-party support on this!
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Rakas21
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If this is a copy of the prior bill then you need to change at least two lines from the original.
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Jean-Luc Picard
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Aye
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username1524603
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Aye, but I think there need to be a clause removing intoxication as grounds to go back on a word. If a person consents that person should not be allowed to retrospectively claim rape, pretending to be drunk as to not make an informed decision at the time. If the person is unconscious the intercourse would still be rape but if the person was drunk with loosened inhibitions it should not be rape. I believe it is up to person A to control how much they drink before making a decision regarding sex; it is not up to person B to assess how drunk person A is and if person A can reasonably give consent.
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Jammy Duel
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Saves us some work
Aye

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tehFrance
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Nay, I don't like the idea to making it so that men can be raped, it's emasculating.
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RayApparently
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(Original post by Life_peer)
I've seen this before. :holmes:

Any man who gets raped by a woman is a pussy.
(Original post by tehFrance)
Nay, I don't like the idea to making it so that men can be raped, it's emasculating.
As expected... :rolleyes:
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