‘Oh you're a guy, how could you be raped by a woman, that makes no sense’

Towards a case for legally recognising and labelling ‘forced-to-penetrate’ cases as rape

Bibliographic Data

ID21189490
AuthorsSiobhan Weare (0000-0001-9298-0883, Lancaster University, corresponding author)
Year2018
Volume14
Issue01
Pages110-131
Publication date2018-03-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueInternational Journal of Law in Context (JOURNAL)
Journal identifiersISSN: 1744-5523 • E-ISSN: 1744-5531
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s1744552317000179
OpenAlexW2606557484
LanguageEN
Citations received22
References cited26

The existing legal definition of rape in England and Wales is gendered, only recognising men as offenders. The law also only recognises as victims of rape those who are penetrated by a penis, either vaginally, anally or orally. This therefore excludes the female perpetrator–male victim paradigm, and more specifically those cases where male victims are ‘forced to penetrate’ female perpetrators. This paper argues that consideration needs to be given to legally recognising and thus labelling forced-to-penetrate cases as rape. Applying a methodology that draws upon the lived experiences of male victims, it is argued that there are significant similarities between compelled-penetration cases and those cases legally recognised as rape, not only because they both involve non-consensual penile penetration, but because there are clear similarities in the aggressive strategies used by perpetrators and the subsequent harms experienced by victims

Criminology · Labelling · Medical emergency · Poison control · Political science · Sexual assault · Sociology · Suicide prevention · Criminal Justice and Corrections Analysis · Gender, Security, and Conflict · Law · Medicine · Psychology · Sexual Assault and Victimization Studies

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