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nd it is punishable by death in at least nine countries today china afghanistan united arab emirates egypt iran saudi arabia pakistan and north korea in some of these instances special circumstances apply for example rape is only punishable by death in india if the victim dies or is put in a persistent vegetative state and or if the rapist is a repeat offender and in iran a death sentence for rape can be substituted with compensation with or without imprisonment and flogging if the victim so chooses in 1977 in coker v georgia the supreme court of the united states held that the death penalty for the crime of rape of an adult woman was cruel and unusual punishment and thus banned it as a violation of the eighth amendment to the united states constitution 29 in 2008 in kennedy v louisiana it ruled the same in regard to rape of a child 30 prison sentences for rape are not uniform a study made by the u s department of justice of prison releases in 1992 involving about 80 percent of the prison population found that the average sentence for convicted rapists was 9 8 years while the actual time served was 5 4 years this follows the typical pattern of violent crimes in the us where those convicted typically serve no more than half of their sentence 31 between 2002 and 2003 more than one in ten convicted rapists in victoria australia served a wholly suspended sentence and the average total effective sentence for rape was seven years 32 in the republic of ireland the average sentence given for rape is 5 7 years 33 punishment of victims edit main articles victim blaming honor killing and slut shaming some societies punish the victims of rape as well as the perpetrators according to such cultures being raped dishonors the victim and in many cases the victim s family in some countries e g libya afghanistan rape victims are sometimes killed to restore honor to the family s name 34 35 certain cultures have historically promoted a system of honor dishonor and shame which was applied with particular strictness to females a victim of rape would be considered to have lost her honorable reputation and place in society a loss of honor which entailed shame on the woman s family group as well in early ancient rome ancient china and other cultures a pressure has existed which has led women to commit suicide after becoming victims of rape in the shakespeare drama titus andronicus the title character kills his raped maimed daughter in what he believes to be a mercy killing 36 likewise the suicide of female rape victims for reasons of shame is also historically documented in chinese and japanese culture in countries which outlaw fornication or adultery rape victims may become subject to these laws if they cannot prove the rape case and or if it is revealed they were not virgins at the time of the assault in the case of unmarried victims 37 international guidelines recommendations and obligations edit main article international framework of sexual violence in recent years there have been various guidelines and recommendations from international human rights organizations in regard to rape and sexual violence one view that is advanced is that the offense of rape should be replaced with a broader offense of sexual assault for instance the handbook for legislation on violence against women from the un department of economic and social affairs division for the advancement of women gives these suggestions about legislation on sexual violence 38 legislation should define sexual assault as a violation of bodily integrity and sexual autonomy replace existing offences of rape and indecent assault with a broad offence of sexual assault graded based on harm provide for aggravating circumstances including but not limited to the age of the survivor the relationship of the perpetrator and survivor the use or threat of violence the presence of multiple perpetrators and grave physical or mental consequences of the attack on the victim remove any requirement that sexual assault be committed by force or violence and any requirement of proof of penetration and minimize secondary victimization of the complainant survivor in proceedings by enacting a definition of sexual assault that either requires the existence of unequivocal and voluntary agreement and requiring proof by the accused of steps taken to ascertain whether the complainant survivor was consenting or requires that the act take place in coercive circumstances and includes a broad range of coercive circumstances and specifically criminalize sexual assault within a relationship i e marital rape either by providing that sexual assault provisions apply irrespective of the nature of the relationship between the perpetrator and complainant or stating that no marriage or other relationship shall constitute a defence to a charge of sexual assault under the legislation the council of europe convention on preventing and combating violence against women and domestic violence also known as the istanbul convention which creates legally binding obligations for countries which choose to ratify it 20 reads 11 article 36 sexual violence including rape parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised engaging in non consensual vaginal anal or oral penetration of a sexual nature of the body of another person with any bodily part or object engaging in other non consensual acts of a sexual nature with a person causing another person to engage in non consensual acts of a sexual nature with a third person consent must be given voluntarily as the result of the person s free will assessed in the context of the surrounding circumstances parties shall take the necessary legislative or other measures to ensure that the provisions of paragraph 1 also apply to acts committed against former or current spouses or partners as recognised by internal law article 36 must also be read together with article 43 11 which reads article 43 application of criminal offences the offences established in accordance with this convention shall apply irrespective of the nature of the relationship between victim and perpetrator laws by country edit common law countries edit rape was an offense under the common law of england that offense became an offense under the law of other countries including australia and the united states as a result of colonization or conquest or the following cession see british empire 39 it is discussed at rape in english law history under this law rape traditionally describes the act of a male forcing a female to have sexual intercourse sexual penetration of the vagina by the penis with him common law rape required the utmost physical resistance by the victim as well as substantial force by the defendant until the late twentieth century spousal rape was not considered a true rape case because both spouses were deemed to have consented to a lifelong sexual relationship through the wedding vows 39 however with changes to the marital rape exemption as well as with the significant development of women s rights the belief of a marital right to force sexual intercourse has become less widely held rape was also an offense at common law in scotland this offense was not derived from the english offense as scotland retained its own system of criminal law under the terms of the acts of union 1707 citation needed bangladesh edit section 375 of the bangladesh penal code highlights rape the prevention of violence against women and children act 2000 defines rape specifically concerning women and children in bangladesh the legal definition of rape is specific it is a gender based crime committed exclusively by males against females involving penile vaginal non consensual intercourse other forms of penetration including anal or oral and penetrations by objects are not recognized as rape under the law 40 under section 375 of the penal code women cannot be tried as perpetrators of rape 41 rape a man is said to commit rape who except in the case hereinafter excepted has sexual intercourse with a woman under circumstances falling under any of the five following descriptions firstly against her will secondly without her consent thirdly with her consent when her consent has been obtained by putting her in fear of death or of hurt fourthly with her consent when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married fifthly with or without her consent when she is under fourteen years of age explanation penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape exception sexual intercourse by a man with his own wife the wife not being under thirteen years of age is not rape bhutan edit chapter 14 sexual offenses of the 2004 penal code of bhutan outlaws rape and other sexual offenses 42 under the criminal code there are several categories of rape which are punished differently depending on factors such as the age of the victim the relationship between the victim and the perpetrator the number of participants gang rape whether the victim was pregnant whether injury occurred marital rape is also recognized as an offense under the 2004 laws being classified as a petty misdemeanour the most serious form of rape is gang rape of a child under twelve years of age classified as a felony of the first degree rape a defendant shall be guilty of the offence of rape if the defendant has sexual intercourse with another person a without the person s consent or with consent when consent is obtained by putting the person or a third person in fear of death or of grievous hurt b compels the other person to submit to sexual intercourse by force or by threat of imminent death bodily injury or serious bodily injury or the commission of a felony to that person or a third person c substantially impairs the other persons ability to appraise or control the conduct by administering drugs intoxicants or other substances without consent for the purpose of preventing the person s resistance to the sexual intercourse or d renders the other person unconscious for the purpose of committing sexual intercourse the most serious sexual offense is gang rape of a child under 12 gang rape of a child below twelve years of age a defendant shall be guilty of the offence of gang rape of a child below the age of twelve years when two or more persons engage in a sexual intercourse with a child below the age of twelve years grading of gang rape of a child below twelve years of age the offence of gang rape of a child below twelve years of age shall be a felony of the first degree marital rape is illegal marital rape a defendant shall be guilty of marital rape if the defendant engages in sexual intercourse with one s own spouse without consent or against the will of the other spouse grading of marital rape the offence of marital rape shall be a petty misdemeanour canada edit main article sexual assault law of canada the criminal code does not contain an offence of rape which historically required proof of penile penetration for a conviction instead the law criminalizes sexual assault which is defined as sexual contact with another person without that other person s consent the offence of sexual assault is broader than the historical offence of rape proof of penetration is not required to ground the offence of sexual assault nor is the offence gender specific consent is defined in section 273 1 1 of the criminal code as the voluntary agreement of the complainant to engage in the sexual activity in question 43 france edit in the french penal code fr 44 any act of sexual penetration whatever its nature committed against another person or on the perpetrator by violence constraint threat or surprise is rape rape is punished by a maximum of fifteen years criminal imprisonment rape is punished by a maximum of twenty years criminal imprisonment in certain aggravating factors including victim under age of 15 rape is punished by a maximum of thirty years criminal imprisonment where it caused the death of the victim rape is punished by a maximum of imprisonment for life when it is preceded accompanied or followed by torture or acts of barbarity ireland edit in republic of ireland law there are two separate offences of rape 45 46 47 rape at common law restricted to vaginal penetration by penis rape under section 4 of the criminal law rape amendment act 1990 as amended for anal or oral penetration by penis or vaginal penetration by inanimate object the offences have the same penalty of life imprisonment and the same provisions regarding conduct of trials 48 except that rape under section 4 is an alternative verdict in a rape trial but not conversely 49 the common law offence was codified by the offences against the person act 1861 and the criminal law rape act 1981 46 a statutory definition was introduced by section 2 1 of the 1981 act 50 as amended it states 51 52 a man commits rape if a he has sexual intercourse with a woman who at the time of the intercourse does not consent to it and b at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it and references to rape in this act and any other enactment shall be construed accordingly the act also restricted reference to the alleged victim s past sexual history 50 53 and provided anonymity for both parties 50 54 originally the act referred to unlawful sexual intercourse the word unlawful intended to preserve the exemption for marital rape was deleted by the 1990 act 55 52 56 section 4 of the 1990 act defines rape under section 4 as follows 57 in this act rape under section 4 means a sexual assault that includes a penetration however slight of the anus or mouth by the penis or b penetration however slight of the vagina by any object held or manipulated by another person by section 2 of the 1990 act sexual assault is defined in terms of indecent assault which is not otherwise defined 58 the 1988 law reform commission lrc report on rape and allied offences on which the 1990 act was based recommended expanding the common law definition rather than creating a new offence and the inclusion of penetration of the anus in the scope of section 4 b 58 the 1990 act mandated that trials for both rape offences be at the central criminal court 55 59 removed the rule that males under 14 were considered incapable of sexual offences 55 60 and relaxed the obligation to warn the jury about an alleged victim s uncorroborated testimony 55 61 it also specifies that failure to offer resistance is not evidence of consent 62 greece edit penal code art 336 par 1 creates the offence of rape 63 it reads whoever with physical violence or with threat of grave and direct danger forces another to intercourse or to tolerance or action of an indecent act is punished with incarceration ...
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