Is Rape Law in the UK in need of reform? Watch

Nicolecshaw
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I am doing a law extended project qualification (EPQ) this year on whether UK rape law is in need of reform. I'd really appreciate any opinions or links to cases/articles/books etc on the subject. Thanks!
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Gogregg
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I know this fact is awful, but, I honestly don't know the current rape law.
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Peroxidation
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Yes. The current law (as far as I'm aware) defines rape as penetration without consent, but women can rape men, it's not all men raping women.
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999tigger
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(Original post by Gogregg)
I know this fact is awful, but, I honestly don't know the current rape law.
The simple version courtesy of the BBC

What is rape?According to the law, only a man can commit rape (as the penetration has to be with a penis). However, both women and men can be raped. A rape can occur within a relationship or within a marriage.

The law says:‘A’ is guilty of rape if:heintentionally penetrates the vagina, anus or mouth of ‘B’ with his penis;‘B’does not consent to the penetration, and‘A’does not reasonably believe that ‘B’consents.
It normally revolves around the reasonableness of belief that the alleged victim consented.

It's the law mods- not sure it needs censoring?

The version by the CPS if you wnat more detail

http://www.cps.gov.uk/legal/p_to_r/r...ences/consent/
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kirstybecs
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Is the current one from 2003? If so, you could talk about how it explicitly mentions penetration and how that excludes female from perpetrating the crime.
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999tigger
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(Original post by Nicolecshaw)
I am doing a law extended project qualification (EPQ) this year on whether UK rape law is in need of reform. I'd really appreciate any opinions or links to cases/articles/books etc on the subject. Thanks!
Hi

I would just read up on the law so your understanding is sound, then start looking at articles in attempts to reform.

I would pay attention to those pro reform and what charities like Rape Crisis have to say and then see if you cna find articles protecting accused rights.

You need to understand where the balance is between victim and accused and the effect of moving it will be.
http://www.independent.co.uk/life-st...-a6718931.html

Also dont forget its a law extended project so your undestanding of the strengths and pitfalls to the actual legislation as is, should be strong imo.
Look at the bits that do work and the bits that dont.
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PetrosAC
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(Original post by kirstybecs)
Is the current one from 2003? If so, you could talk about how it explicitly mentions penetration and how that excludes female from perpetrating the crime.
Literally this. Other than that, it's about right.
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Gogregg
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(Original post by 999tigger)
The simple version courtesy of the BBC



It normally revolves around the reasonableness of belief that the alleged victim consented.

It's the law mods- not sure it needs censoring?

The version by the CPS if you wnat more detail

http://www.cps.gov.uk/legal/p_to_r/r...ences/consent/
Thank you

I'd say it's unfair in that women can't be accused of rape, even though there will be a few cases in which it is that way around.
I think with rape law, there will always be ambiguity, and it will always have to be somewhat on a case-by-case basis. It is something very difficult to prove.
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kirstybecs
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also this (http://www.telegraph.co.uk/news/ukne...ape-rules.html) - and whether it undermines the idea of innocent until proven guilty where the prosecution have to prove the crime took place
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999tigger
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besides what you cna google then you will et more brownie points if you use real legal articles.
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joey11223
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I think the distinction between rape and sexual assault actually needs to be lessened, in that rape by definition is the use of the penis, so women can't rape, and other serious sexual assaults are...just that, not rape, which creates a stronger response in people's minds. I'd probably classify the serious/prolonged acts of sexual assault as different types of rape, so you'd have penile rape, rape with an object (instead of sexual assault) etc. Then sexual assault would be used for obviously unwanted but very fleeting touching (for example a man putting his hand up a women's skirt on the tube then running off), a girl grabbing a guys **** at a bar and trying to pull his trousers down to humiliate him (genuinely happened to a mate by two girls while buying drinks and the bouncer didn't give a **** unsurprisingly, imagine if two guys had tried something similiar to a girl) etc.

I mean for example for a lesbian if a girl grabbed her and held her down while another one gave her oral sex (without consent), that girl may well consider that rape and it may have the same lasting psychological damage, and so I'd treat it as such and as seriously as what we think of as rape now, and not just as "sexual assault". Though I appreciate it's somewhat semantics.
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KHADZ1997
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hi is there anyway u can help me regarding this. i have an essay due on the same issue. thank you x
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KHADZ1997
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(Original post by Nicolecshaw)
I am doing a law extended project qualification (EPQ) this year on whether UK rape law is in need of reform. I'd really appreciate any opinions or links to cases/articles/books etc on the subject. Thanks!



I HAVE AN ESSAY DUE ON THE SAME ISSUE? possible you could please help
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Notoriety
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(Original post by KHADZ1997)
hi is there anyway u can help me regarding this. i have an essay due on the same issue. thank you x
Yeah. Disregard everything said in this thread by past posters and you should be set.

Controversial areas include conditional consent. Read about that.
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KHADZ1997
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the essay is about evaluating the current law in relation to rape regarding consent and how it could be reformed.


thank you
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