The Student Room Group

Rebecca Joynes: Teacher guilty of sex with two boys

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Rape is a specifically male crime for very good historical and sociological reasons. Rape is and has been an instrument of Patriarchy since forever. It is next to impossible for a woman physically to force a man to have sex. But a man can overpower a woman and physically force her to have sex. This is a key distinction.

What Joynes did was wrong, but it was not rape.
Original post by StriderHort
I think that's exactly the bit I disagree on, I'm not so sure that would be a vast majority at all. I still see rape as a very specific act, and this part of the conversation arose talking about the legal side.
I'm certainly not trying to say one is 'worse' than the other or minimise any other form of attack. By all means as said, bring sentencing guidelines for other sexual offences up to the point where they can give out the same sort of punishment, but I still can't get behind changing the definition.

If you don't think one is worse than the other and that they should hold the same sentence then why not just make them the same thing? Especially since, in practice, the act of rape(as currently defined) can be almost identical to a lot of forms of sexual assault (as currently defined).
To regard what Joynes did as equivalent to rape is to disregard the violation of bodily autonomy which rape involves. In rape, one of the participants in sex is unwilling. In the Joynes case, both participants were willing, but for sensible reasons of public policy, the law does not regard a fifteen year old as capable of giving consent to sex.

It is wrong for an adult to seduce a minor, and Joynes has been rightly convicted and will be sentenced, probably to a term of imprisonment.

Statutory rape is not a concept which exists in the laws of the United Kingdom.
(edited 4 months ago)
Reply 43
Original post by Guru Jason
Serial groomer and rapist deserves a long prison sentence. Of course our justice system is a joke so she'll get 6 months suspended and back to teaching in a year.

Consistently trying to turn DACA into the Sun's comment section.
Original post by rotl 94
Consistently trying to turn DACA into the Sun's comment section.

What? By debating current affairs? Am I not allowed to have an opinion? I'm glad you gave shown me I'm wrong.

Maybe if you don't have anything on topic to say, then sod off and stop derailing the thread.
(edited 4 months ago)
Original post by Stiffy Byng
To regard what Joynes did as equivalent to rape is to disregard the violation of bodily autonomy which rape involves. In rape, one of the participants in sex is unwilling. In the Joynes case, both participants were willing, but for sensible reasons of public policy, the law does not regard a fifteen year old as capable of giving consent to sex.
It is wrong for an adult to seduce a minor, and Joynes has been rightly convicted and will be sentenced, probably to a term of imprisonment.
Statutory rape is not a concept which exists in the laws of the United Kingdom.

If the law does not regard a fifteen year old as capable of giving consent to sex then the sex was not consentual. It should, if not already, be considered rape. "Rape", at the heart of it, is sex / penetration without consent.
Original post by SHallowvale
If the law does not regard a fifteen year old as capable of giving consent to sex then the sex was not consentual. It should, if not already, be considered rape. "Rape", at the heart of it, is sex / penetration without consent.

As I mentioned above, rape involves physically forced sex. Rape can only be committed by a male. When an adult woman persuades a fifteen year old boy to have sex with her, she does not physically force the boy to have sex. This is a material difference. In that situation the law deems that the boy's actual consent is immaterial to the illegality of the adult's action, but her action is not rape.
Original post by Stiffy Byng
As I mentioned above, rape involves physically forced sex. Rape can only be committed by a male. When an adult woman persuades a fifteen year old boy to have sex with her, she does not physically force the boy to have sex. This is a material difference. In that situation the law deems that the boy's actual consent is immaterial to the illegality of the adult's action, but her action is not rape.

This is a discussion about what the law should say, not what the law currently says. Do you want to talk about the former or latter?
The discussion is about the Joynes case. The current law is sensible. The law reflects the reality that rape is a physical act of which only men are capable.
Original post by Stiffy Byng
The discussion is about the Joynes case. The current law is sensible. The law reflects the reality that rape is a physical act of which only men are capable.

Nah that's bs, rape should be sex without consent. The whole penatration things is a joke especially when we're supposed to be making strides toward equality.

The who women can't rape thing is why they get of lighter than their male counterparts.
Original post by Stiffy Byng
The discussion is about the Joynes case. The current law is sensible. The law reflects the reality that rape is a physical act of which only men are capable.

The convseration has moved on from just Joynes' case.

The law can define rape however it wants, there's no reason why it cannot define rape as unconsentual sex regardless of the sex of the victim. Why is the current definition, which separates "rape" from "sexual assault", sensible? Is one worse than the other? If so, why?
Original post by shallowvale
If you don't think one is worse than the other and that they should hold the same sentence then why not just make them the same thing? Especially since, in practice, the act of rape(as currently defined) can be almost identical to a lot of forms of sexual assault (as currently defined).


Because words mean different things? Why change it to mean something wider for what in most cases seems to be emotive reasons and no apparent purpose? Like if you attack someone with say fists, a gun or a car....the victim might be just as badly hurt and the motive the same but the law differentiates what the specific crime you are trying to prove is, we don't just call it all 'Harm' do we?

I don't feel it's so much that I don't think one is worse, as that I feel one shouldn't be specifically more lenient or tie a judges hands. In this teachers case I don't think I can call her a rapist, but due to the ages, position of authority and repeated offending I have no issue with her getting a sentence equal to a rapist, but I still don't feel it in any way helpful to try and relabel her crime.

When I erroneously mentioned statutory rape earlier, what I refer to is 'technical' rape, where the state legislation says it is even if both parties don't agree which is always going to be tricky and imo, not the same thing. I feel it makes little sense to label these teenagers rape victims, when at least one of them went out of their premediated way to make this happen, they weren't in any way confused, misled or surprised, sex was their aim. I cant possibly put them in a similar category as someone who is physically grabbed and forced upon.
(edited 4 months ago)
Original post by Stiffy Byng
Rape is a specifically male crime for very good historical and sociological reasons. Rape is and has been an instrument of Patriarchy since forever. It is next to impossible for a woman physically to force a man to have sex. But a man can overpower a woman and physically force her to have sex. This is a key distinction.
What Joynes did was wrong, but it was not rape.

PRSOM
Reply 53
perhaps a disclaimer should be added to the op along with the phone number to a helpline (see link below), just so students and anyone reading this thread don't get the wrong impression from some of the comments which may be negligently belittling the severity of this case. should be screamingly clear that, altho rebecca joynes isn't convicted specifically of rape - that doesn't mean it is in any way less serious of an offence nor as harmful to the victim. actions like this must be taken seriously, regardless of the victim’s gender, even if the law puts it in a different category.

https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/child-sexual-abuse/

like all law, rape is a social construct and sometimes what law prosecutes as 'rape' doesn’t mirror what society views as rape. happy to provide a few examples of how rape law changes over time and location, but this would get even more tl;dr.

(one example tho is in Canada, the offence of rape doesn’t exist in its criminal code: abolished 40+ years ago and replaced with 3 tiers of sexual assault applying to all genders equally and defined by severity of physical injury to the victim [which includes no physical injury at all] and if a weapon is used.)

since there is no universal and unchanging definition of rape, to me, legally speaking it is just a word. call the offence sexual assault, call it a reindeer in a sleigh idgaf. what matters far more imo is a) the sentencing and b) what we understand socially as consent and all the myths that go along with it, such as a teenage boy/man is always up for sex and if he has an erection that must mean he wanted it, cuz it’s jurors’ understanding of consent which decides if a crime has been committed.

my ex’s father was repeatedly sexually abused by his school teacher: traumatised, he went on to traumatise his family, who then went on to traumatise me; so as far as i’m concerned anyone found guilty of sexual activity with a child by a person in a position of trust should automatically get a custodial life sentence zero tolerance for *****s.

add to my legal fantasy, that no bail be grated to someone charged with the aforementioned offence lest they reoffend and/or become pregnant and may use it to mitigate the sentencing they think they might get for charges already before them, a la joynes, probably. why she’s so sick in the head to carry out a pregnancy and knowingly subject a child to this mess along with a teenage father smh. yeah ik: none of this a possibility cuz human rights presumed innocent and cost of prisons so not practical etc etc...well man can dream.
Reply 54
Original post by stiffy byng
To regard what Joynes did as equivalent to rape is to disregard the violation of bodily autonomy which rape involves. In rape, one of the participants in sex is unwilling. In the Joynes case, both participants were willing, but for sensible reasons of public policy, the law does not regard a fifteen year old as capable of giving consent to sex.
It is wrong for an adult to seduce a minor, and Joynes has been rightly convicted and will be sentenced, probably to a term of imprisonment.
Statutory rape is not a concept which exists in the laws of the United Kingdom.

I don't understand your last sentence. Statutory rape is definitely a concept that exists in the laws of the United Kingdom
(edited 4 months ago)
Original post by StriderHort
Because words mean different things? Why change it to mean something wider for what in most cases seems to be emotive reasons and no apparent purpose? Like if you attack someone with say fists, a gun or a car....the victim might be just as badly hurt and the motive the same but the law differentiates what the specific crime you are trying to prove is, we don't just call it all 'Harm' do we?
I don't feel it's so much that I don't think one is worse, as that I feel one shouldn't be specifically more lenient or tie a judges hands. In this teachers case I don't think I can call her a rapist, but due to the ages, position of authority and repeated offending I have no issue with her getting a sentence equal to a rapist, but I still don't feel it in any way helpful to try and relabel her crime.
When I erroneously mentioned statutory rape earlier, what I refer to is 'technical' rape, where the state legislation says it is even if both parties don't agree which is always going to be tricky and imo, not the same thing. I feel it makes little sense to label these teenagers rape victims, when at least one of them went out of their premediated way to make this happen, they weren't in any way confused, misled or surprised, sex was their aim. I cant possibly put them in a similar category as someone who is physically grabbed and forced upon.

I'll return the question back at you: why have two different terms to begin with? Why is sexual assault by a male perpetrator, specifically using their penis, "rape" when other forms are all lumped together as just "sexual assault"? Why even have that distinction when the fundamental problem in all cases, the violation of consent, is the same?

Is there a difference between rape and sexual assault that warrants them being defined differently? If so, what? Your example of attacks using fists, guns or cars is not comparable. An attack from a fist does not hold the same likelihood of killing you as an attack with a gun or car, nor does it hold nearly as much danger to those other than the victim and attacker. The scale of harm is vastly different between them.
Reply 56
Original post by shallowvale
I'll return the question back at you: why have two different terms to begin with? Why is sexual assault by a male perpetrator, specifically using their penis, "rape" when other forms are all lumped together as just "sexual assault"? Why even have that distinction when the fundamental problem in all cases, the violation of consent, is the same?
Is there a difference between rape and sexual assault that warrants them being defined differently? If so, what? Your example of attacks using fists, guns or cars is not comparable. An attack from a fist does not hold the same likelihood of killing you as an attack with a gun or car, nor does it hold nearly as much danger to those other than the victim and attacker. The scale of harm is vastly different between them.

Just to turn things to another example, having my penis grabbed by a female without my consent is not as bad as me sticking my hand in someone's vagina without their consent. Attacking someone's extremities is not generally as bad as attacking their internals. It's still bad but they would rightly attract different sentences.
(edited 4 months ago)
Original post by Picnicl
Just to turn things to another example, having my penis grabbed by a female without my consent is not as bad as me sticking my hand in someone's vagina without their consent. Attacking someone's extremities is not generally as bad as attacking their internals. It's still bad but they would rightly attract different sentences.

Speak for yourself, I wouldn't want to be raped by a man or a woman. They are equally bad.
Reply 58
Reading this thread is like letting Sluggsy and Stingo from Fifi and the Flowertots into the Oxford Union.
Reply 59
https://www.independent.co.uk/news/uk/crime/rebecca-joynes-teacher-pupils-sex-court-verdict-b2546124.html

Another link so that there is an alternative to the BBC, which is neither a trustworthy nor reliable information source (not that the Independent is much better - but it's not the BBC)

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