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e commits the act referred to in section 1 a and causes death by it or b in a crisis situation south africa edit in south africa rape is defined by the criminal law sexual offences and related matters amendment act 2007 act no 32 of 2007 83 this act abolished the common law offence of rape and replaced it with a new expanded statutory offence of rape applicable to all forms of sexual penetration without consent irrespective of gender rape is defined in section 3 of the act as follows any person a who unlawfully and intentionally commits an act of sexual penetration with a complainant b without the consent of b is guilty of the offence of rape and sexual penetration is defined as any act which causes penetration to any extent whatsoever by a the genital organs of one person into or beyond the genital organs anus or mouth of another person b any other part of the body of one person or any object including any part of the body of an animal into or beyond the genital organs or anus of another person or c the genital organs of an animal into or beyond the mouth of another person the law also clarifies that marital rape is illegal section 56 of the act provides that whenever an accused person is charged with an offence under section 3 4 5 6 or 7 it is not a valid defence for that accused person to contend that a marital or other relationship exists or existed between him or her and the complainant switzerland edit rape is defined as follows 84 art 190 any person who forces a person of the female sex by threats or violence psychological pressure or by being made incapable of resistance to submit to sexual intercourse is liable to a custodial sentence of from one to ten years marital rape was made illegal in 1992 and since 2004 marital rape is prosecutable ex officio meaning it can be prosecuted even if the wife does not complain 85 86 rape of a male is considered a heavy sexual assault thread further explanation needed and is prosecuted under art 189 of the swiss penalty code trinidad and tobago edit rape under the law of trinidad and tobago is an indictable offence created by section 4 of the sexual offenses act 87 88 section 4 rape 1 subject to subsection 2 a person the accused commits the offence of rape when he has sexual intercourse with another person the complainant a without the consent of the complainant where he knows that the complainant does not consent to the intercourse or he is reckless as to whether the complainant consents or b with the consent of the complainant where the consent i is extorted by threat or fear of bodily harm to the complainant or to another ii is obtained by personating someone else iii is obtained by false or fraudulent representations as to the nature of the intercourse or iv is obtained by unlawfully detaining the complainant marital rape is also illegal subsection 5 states 5 this section also applies to a husband in relation to the commission of the offence of rape on his wife united kingdom edit england and wales edit main article rape in english law rape was formerly a common law offence with a statutory penalty first given by the offences against the person act 1861 and given a statutory definition by the sexual offences amendment act 1976 this has itself been superseded by the sexual offences act 2003 rape is currently defined in section 1 of that act as follows 89 rape 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 it follows that it is not possible for a person who does not have a penis to commit rape note 13 by general rules of statutory interpretation words importing the masculine gender include the feminine so the use of the male pronoun does not preclude a person who is legally recognized as female being convicted of rape section 2 of that act defines assault by penetration assault by penetration 1 a person a commits an offence if a he intentionally penetrates the vagina or anus of another person b with a part of his body or anything else b the penetration is sexual c b does not consent to the penetration and d a does not reasonably believe that b consents both are indictable offences carrying a maximum sentence of life imprisonment rape by a woman where it does not involve penetration of the victim falls under the more general section 4 causing a person to engage in sexual activity without consent and or section 3 sexual assault sexual touching without consent both either way offences with a maximum sentence of 10 years imprisonment other sections create parallel offences where the victim is under 16 years of age in these cases consent is irrelevant northern ireland edit see also sexual offences in the united kingdom northern ireland the law on sexual offences closely follows that of england rape is a statutory offence created by article 5 90 of the sexual offences northern ireland order 2008 s i 1769 2008 n i 2 which contains the same definition as in england likewise assault by penetration sexual assault causing a person to engage in sexual activity without consent and child sex offences are copied from the sexual offences act 2003 pursuant to article 5 5 any reference to rape in a statutory provision must be construed in accordance with article 5 1 90 no person is liable in tort under the law of northern ireland on the ground only of having deprived another of the services of his female servant by raping her 91 scotland edit see also sexual offences in the united kingdom scotland rape is a statutory offence it is created by section 1 of the sexual offences scotland act 2009 it is defined as follows 92 rape 1 if a person a with a s penis a without another person b consenting and b without any reasonable belief that b consents penetrates to any extent either intending to do so or reckless as to whether there is penetration the vagina anus or mouth of b then a commits an offence to be known as the offence of rape subsection 2 defines that penetration involves a penis similarly to the english law this act also creates various child sex offences in which consent is irrelevant if the victim is under 16 rape of a young child under section 18 applies only if the child is under 13 otherwise it is having intercourse with an older child history edit prior to the sexual offences scotland act 2009 rape in scots law differed from the definition of rape in other legal systems in scotland rape was defined as a crime at common law which consisted of the carnal knowledge of a female by a male person without her consent under scots law rape could only be carried out by a male who penetrated a female s vagina if a man s anus was penetrated by another man s penis this was called sodomy and was tried under indecent assault a form of aggravated assault likewise if a male penetrated a female s anus by his penis without her consent he would also be charged with indecent assault in scotland rape can only be prosecuted in the high court of justiciary 93 and if convicted the maximum penalty available to the court is life imprisonment evidence of distress can be used as corroborating evidence evidence of distress would be recognised by the first person or friend that the victim sees after the event this should not be confused with hearsay evidence which is not normally allowed to be led one of the key elements to prosecute a male for rape is to prove that the male had sexual intercourse without the female s consent for sexual intercourse not to be rape the active consent of the female is needed this means it is not enough for a woman to be passive she must actively consent this was established by lord advocate s reference no 1 of 2001 94 full citation needed therefore a male could still be convicted of rape even though the female did not say anything or show any resistance this is a change in the law as previously men who had sexual intercourse with sleeping women as in the case of charles sweenie or women who were unconscious due to voluntarily taking drugs or alcohol see hma v logan were charged with the lesser crime of indecent assault rather than rape as they had not used force to achieve penetration lord advocate s reference no 1 of 2001 by requiring active consent had opened up the law to decide whether a voluntarily drunk or intoxicated woman can consent to sexual intercourse this was clarified under the new laws of 2009 which state that sexual intercourse is non consensual and therefore considered rape if it occurs where the conduct occurs at a time when b is incapable because of the effect of alcohol or any other substance of consenting to it 95 penetration is sufficient for a sexual intercourse to be deemed rape there need not be any excretion of semen and the female s hymen does not have to be ruptured in scotland rape continued to be a gender specific crime until the sexual offences scotland act 2009 96 this act came into force on 1 december 2010 the act expanded the definition of rape to include male rape the victims commissioner for england and wales dame vera baird warned in 2020 that only 14 per cent of sexual violence victims report the assault to police and even if sexual assault and rape are reported prosecutions and convictions remain depressingly low in britain only 1 6 per cent of rapes reported to the police result in a charge a rate so low that baird has said that we are witnessing the decriminalisation of rape 97 united states edit main article rape laws in the united states see also rape in the united states criminal punishment state laws edit there is no federal rape law in the united states due to the united states v morrison ruling that parts of the violence against women act of 1994 were unconstitutional each state has its own laws concerning sexual aggression some laws from the founding of the us and during the 1950s were based in racial discrimination against black people in labelling consensual sex between a black man and white woman rape 98 and the fact that rape laws at the time did not apply when the victim was a black woman 99 there is also no national standard in the us for defining and reporting male male or female perpetrated rapes state laws vary considerably and in most states the term rape is no longer used and the offense has been replaced by crimes such as sexual assault criminal sexual conduct sexual abuse sexual battery etc the us laws on sexual violence are complex with states having numerous sex offenses dealing with different situations the laws on sex crimes have been changed and modernized significantly during the last decades and they continue to change uniform code of military justice edit uniform code of military justice usc title 10 subtitle a chapter 47x section 920 article 120 defines rape as a rape any person subject to this chapter who commits a sexual act upon another person by 1 using unlawful force against that other person 2 using force causing or likely to cause death or grievous bodily harm to any person 3 threatening or placing that other person in fear that any person will be subjected to death grievous bodily harm or kidnapping 4 first rendering that other person unconscious or 5 administering to that other person by force or threat of force or without the knowledge or consent of that person a drug intoxicant or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct is guilty of rape and shall be punished as a court martial may direct 100 marital rape is banned the law states marriage is not a defense for any conduct in issue in any prosecution under this section 101 rape reporting edit according to the usa today reporter kevin johnson no other major category of crime not murder assault or robbery has generated a more serious challenge to the credibility of national crime statistics as has the crime of rape 102 he says there are good reasons to be cautious in drawing conclusions from reports on rape the two most accepted studies available the fbi s annual uniform crime report and the justice department s annual national crime victimization survey each have widely acknowledged weaknesses kevin johnson rape statistics not crystal clear https archive today 20070928002007 http www junkscience com nov98 rape2 html the fbi s report fails to report rapes with male victims both adults and children fails to report non forcible rapes of either gender by either gender and reflects only the number of rapes reported to police the justice department s survey solicits information from people 12 and older excluding the youngest victims of rape and incest however by using a random national telephone survey of households the national crime victimization survey could pick up rapes unreported to the police in addition since both official reports collect rape data from states with widely divergent standards and definitions on what constitutes rape uniform reporting is impossible in an attempt to improve the tracking of rape the national violence against women survey was first published in 1998 by the national institute of justice and the federal centers for disease control and prevention its authors acknowledged that they used different methodologies with relatively high margins of error the 2000 report notes that because annual rape victimization estimates nationwide are based on responses from only 24 women and 8 men emphasis added who reported being raped they should be viewed with caution it goes on to note that it fails to report rapes perpetrated against children adolescents the homeless or people living in institutions group facilities or in households without telephones the 2006 report of the national violence against women survey was based on the much larger sample size of 8 000 men and 8 000 women it estimated that 17 7 million women and 2 8 million men in the united states were forcibly raped at some time in their lives with 302 091 women and 92 748 men forcibly raped in the year preceding the survey the report defines rape to include completed and attempted rapes however the vast majority of rapes were completed among all respondents 14 8 percent of the women and 2 1 percent of the men said they were victims of a completed rape at some time in their life whereas 2 8 percent of the women and 0 9 percent of the men said they were victims of an attempted rape only 103 in addition many states define sexual crimes other than male on female penetration as sexual assault rather than rape there are no national standards for defining and reporting male on male female on female or female on male offenses so such crimes are generally not included in rape statistics unless these statistics are compiled using information from states which count them as rape rape statistics edit main article rape statistics rape crisis statistics can be found from the fbi 104 and the bureau of justice 105 as well as the cdc 106 an...
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