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Text of the page (random words):
nce 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 in 2019 a new paragraph was added art 336 par 5 practically making lack of consent the sole criterion for rape 64 it reads whoever apart from the case of paragraph 1 attempts intercourse without the consent of the victim is punished with incarceration of up to ten years marital rape was made illegal in 2006 65 66 guatemala edit the 2009 law against sexual violence exploitation and trafficking in persons defines rape as follows 67 rape whoever by physical or psychological violence has vaginal anal or oral sexual intercourse with another person or inserts any body part or object by these methods or compels another to do so shall be punished with imprisonment from eight to twelve years also the offense is committed when a victim is a person younger than fourteen years or a person with a volitional or cognitive impairment even in the absence of physical or psychological violence the penalty shall be imposed without prejudice to the penalties that may apply for the commission of other offenses india edit in 2019 the indian supreme court ruled that sex on a false promise of marriage constitutes rape 68 iran edit defined as any sexual act without full voluntary consent from an adult or any sexual act with a minor the sentence for a rape case in iran is death by hanging in public squares or prisons 69 israel edit in israel the definition of the criminal offence of rape is as follows 70 rape 345 a if a person had intercourse with a woman 1 without her freely given consent 2 with the woman s consent which was obtained by deceit in respect of the identity of the person or the nature of the act 3 when the woman is a minor below age 14 even with her consent 4 by exploiting the woman s state of unconsciousness or other condition that prevents her from giving her free consent 5 by exploiting the fact that she is mentally ill or deficient if because of her illness or mental deficiency her consent to intercourse did not constitute free consent then he committed rape and is liable to sixteen years imprisonment new zealand edit rape is part of the statutory offence of sexual violation sexual violation is created by section 128 of the crimes act 1961 sexual violation is defined as follows 71 1 sexual violation is the act of a person who a rapes another person or b has unlawful sexual connection with another person 2 person a rapes person b if person a has sexual connection with person b effected by the penetration of person b s genitalia by person a s penis a without person b s consent to the connection and b without believing on reasonable grounds that person b consents to the connection 3 person a has unlawful sexual connection with person b if person a has sexual connection with person b a without person b s consent to the connection and b without believing on reasonable grounds that person b consents to the connection 4 one person may be convicted of the sexual violation of another person at a time when they were married to each other consent edit a person allowing sexual connection to be performed on them does not automatically mean that they are legally consenting if that person allows sexua...
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