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Text of the page (random words):
ublic morality prostitution red light district reproductive rights sex industry workers rights decriminalization world charter sexual rights survival sex specific offences varies by jurisdiction adultery laws anti miscegenation u s laws bestiality child pornography laws child prostitution criminal transmission of hiv cybersex trafficking female genital mutilation forced circumcision forcible touching fornication incest obscenity u s law pimping prostitution forced procuring public indecency rape statutory marital revenge porn seduction sex trafficking sexting sexual abuse child sexual assault sexual harassment sexual grooming slavery sodomy u s laws female sodomy uk section 63 2008 violence trafficking voyeurism sex offender registration sex offender registry sex offender registries in the united states portals human sexuality portal law portal v t e rape types acquaintance rape campus rape child sexual abuse corrective rape lgbtq victims v coding cybersex trafficking drug facilitated rape date rape gang rape genocidal rape gray rape live streaming rape marital rape prison rape rape chant serial rape sexual abuse sexual assault statutory rape unacknowledged rape rape by deception effects and motivations effects and aftermath factors involved pregnancy from rape rape crisis movement rape trauma syndrome causes post assault treatment of sexual assault victims weinstein effect secondary victimisation sociobiological theories rape culture by country afghanistan bangladesh belgium china democratic republic of the congo egypt finland france germany india pakistan papua new guinea philippines saudi arabia south africa sweden united kingdom united states during conflicts armenian genocide world war ii eastern front italian campaign imperial japan occupation of germany japan poland manchuria liberation of france serbia kashmir conflict algerian war vietnam war sri lankan civil war bangladesh liberation war sierra leone civil war bosnian war rwandan genocide congo wars darfur genocide isil syrian civil war tigray war russian invasion of ukraine gaza war by israel by palestinians laws marital rape laws by country marry your rapist law rape shield law false accusation of rape rape investigation rape kit sexual consent in law in islamic law see also anti rape movement bodily integrity date rape drug sexual violence statistics history of rape military sexual trauma preventive measures rape by gender rape of males anti rape device rape crisis centre rape myth rape pornography rape and revenge films rape fantasy rape schedule rape statistics rape threat sex and the law sex trafficking sexual harassment sexual predator sexual trauma therapy sexual violence law portal category v t e rape is a type of sexual assault initiated by one or more persons against another person without that person s consent the act may be carried out by physical force under threat or manipulation by impersonation or with a person who is incapable of giving valid consent 1 2 3 4 definitions of rape vary but they generally require some degree of sexual penetration without consent 4 1 2 the term consent varies by law as well minors for example are often considered too young to consent to sexual relations with older persons see statutory rape and age of consent consent is also considered invalid if obtained under duress or from a person who does not have the ability to understand the nature of the act due to factors such as young age mental disability or substance intoxication 4 many jurisdictions such as canada and several us and australian states no longer have a traditional common law offence of rape which always required that sexual penetration had occurred some of these jurisdictions instead have created new statutory offences such as sexual assault or criminal sexual conduct which criminalise sexual contact without consent and without any requirement that sexual intercourse occurred 5 6 terminology and definitions edit classification edit depending on the jurisdiction rape may be characterized as a sexual offence note 1 or an offence against the person note 2 rape may also be characterized as a form of aggravated assault or battery or both indecent assault note 3 or sexual assault note 4 or battery or both actus reus edit to sustain a conviction rape might require proof that the defendant had sexual penetration with another person depending on the jurisdiction the actus reus of rape may consist of having carnal knowledge of a woman note 5 or having sexual intercourse with a woman including a girl specifically note 6 or either a woman or a man including a girl or a boy generally note 7 or engaging in sexual intercourse with a person which term includes an intersex person who might arguably be neither a woman nor a man note 8 or having sexual connection with a person affected by penile penetration of that person s genitalia note 9 or penile penetration of the vagina anus or mouth these terms construed as including surgically constructed organs of a person note 10 in prosecutor v anto furundžija the international criminal tribunal for the former yugoslavia included fellatio in the definition of rape because para 183 the trial chamber holds that the forced penetration of the mouth by the male sexual organ constitutes a most humiliating and degrading attack upon human dignity the essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person whatever his or her gender 7 mens rea edit countries around the world differ in how they deal with the mens rea element in the law regarding rape i e the belief of the accused that the victim is not consenting or might not be consenting and in how they place the onus of proof with regard to belief of consent for example under the sexual offences act 2003 the belief must be reasonable and whether a belief is reasonable is to be determined having regard to all the circumstances including any steps a has taken to ascertain whether b consents 8 in some jurisdictions the mens rea is quite complex such as in new south wales where the law reads 9 section 61ha consent in relation to sexual assault offences 3 knowledge about consent a person who has sexual intercourse with another person without the consent of the other person knows that the other person does not consent 10 to the sexual intercourse if a the person knows that the other person does not consent to the sexual intercourse or b the person is reckless as to whether the other person consents to the sexual intercourse or c the person has no reasonable grounds for believing that the other person consents to the sexual intercourse for the purpose of making any such finding the trier of fact must have regard to all the circumstances of the case d including any steps taken by the person to ascertain whether the other person consents to the sexual intercourse but e not including any self induced intoxication of the person the explanatory report of the istanbul convention states at para 189 the interpretation of the word intentionally is left to domestic law but the requirement for intentional conduct relates to all the elements of the offence in regard to article 36 of the convention sexual violence including rape 11 attendant circumstances edit further information sexual consent in law rape has been defined so as to require proof that the sexual act in question was done without the victim s consent note 11 or so as to require proof that it was done either without their consent or alternatively against their will note 12 there is not always a requirement that the victim did not consent in the england and wales section 5 of the sexual offences act 2003 creates the offence of rape of a child under 13 and contains no reference to consent after describing the sexual act the offence prohibits the explanatory notes to the act say whether or not the child consented to this act is irrelevant 12 in m c v bulgaria 13 the european court of human rights ruled that the victim does not necessarily have to resist physically for the crime of rape to be committed para 166 t he court is persuaded that any rigid approach to the prosecution of sexual offences such as requiring proof of physical resistance in all circumstances risks leaving certain types of rape unpunished and thus jeopardising the effective protection of the individual s sexual autonomy in accordance with contemporary standards and trends in that area the member states positive obligations under articles 3 and 8 of the convention convention for the protection of human rights and fundamental freedoms must be seen as requiring the penalisation and effective prosecution of any non consensual sexual act including in the absence of physical resistance by the victim some circumstances such as where the victim is kidnapped or in detention or under conditions of war or genocide may be viewed as so coercive that they presume non consent altogether for example in icty the prosecutor v kunarac kovac and vukovic it was ruled in regard to the rape during the bosnian war where women were kept in detention centers under extremely harsh conditions and were selected for sex by soldiers and policemen that para 132 such detentions amount to circumstances that were so coercive as to negate any possibility of consent 14 the issue arises in law as who can legally consent for example with regard to persons who suffer from mental or physical disability although laws differ by jurisdiction emerging international standards suggest that a person s mental or physical disability should not in and of itself render the sexual interaction illegal but rather the exploitation or abuse of such disability by the perpetrator should do so in the european union the directive 2011 93 eu of the european parliament and of the council of 13 december 2011 reads with regard to the determination of legal consent of a child who is above the age of consent 10 disability by itself does not automatically constitute an impossibility to consent to sexual relations however the abuse of the existence of such a disability in order to engage in sexual activities with a child should be criminalised 15 redefinitions and statute edit general edit further information history of rape from the second part of the 20th century onwards the crime of rape has undergone major changes in definition in many countries especially in western countries it has evolved from its narrow traditional definition of forced penetration of a vagina by a penis outside of marriage to a broader definition which includes forced sex in marriage marital rape and may also include other sexual acts such as anal or oral sexual penetration the latter were traditionally dealt with under sodomy laws this redefinition of rape had the effect of defining rape of males in particular female on male rape made to penetrate there have also been changes in the legal definition of consent coercion 16 two different changes have been made in recent decades in many jurisdictions in regard to the criminal offense of rape as it relates to marital status the criminalization of rape between spouses marital rape the removal of the stipulation that if after the act of rape the victim and the perpetrator marry each other the prosecution ends marry your rapist law marital rape edit main articles marital rape and marital rape laws by country throughout much of the history rape in marriage was not a crime most cultures subscribed to the idea of the existence of conjugal rights to sexual intercourse with one s spouse and until well into the 20th century most legal systems generally accepted overtly or tacitly that such rights could be taken by force against the will of the wife traditional understanding and views of marriage rape sexuality gender roles and self determination have started to be challenged in most western countries during the 1960s and 1970s which has led to the subsequent criminalization of marital rape during the following decades with a few notable exceptions it was during the past 30 years when most laws against marital rape have been enacted several countries in eastern europe and scandinavia made spousal rape illegal before 1970 but other countries in western europe and the english speaking western world outlawed it much later mostly in the 1980s and 1990s 16 marital rape is included in the 1993 declaration on the elimination of violence against women as a form of violence against women which reads 17 violence against women shall be understood to encompass but not be limited to the following a physical sexual and psychological violence occurring in the family including battering sexual abuse of female children in the household dowry related violence marital rape female genital mutilation and other traditional practices harmful to women non spousal violence and violence related to exploitation it is also included in the council of europe recommendation rec 2002 5 of the committee of ministers to member states on the protection of women against violence 18 which reads this violence against women includes but is not limited to the following a violence occurring in the family or domestic unit including inter alia physical and mental aggression emotional and psychological abuse rape and sexual abuse incest rape between spouses regular or occasional partners and cohabitants crimes committed in the name of honour female genital and sexual mutilation and other traditional practices harmful to women such as forced marriages in addition the world health organization defines sexual violence as any sexual act attempt to obtain a sexual act unwanted sexual comments or advances or acts to traffic or otherwise directed against a person s sexuality using coercion by any person regardless of their relationship to the victim in any setting including but not limited to home and work 19 the countries which choose to ratify the council of europe convention on preventing and combating violence against women and domestic violence the first legally binding instrument in europe in the field of violence against women 20 are bound by its provisions to ensure that non consensual sexual acts committed against a spouse or partner are illegal 21 the convention came into force in august 2014 11 marry your rapist laws edit main article marry your rapist law a marry your rapist law or rape marriage law states that a rapist will not be prosecuted if they marry their victim although the terms for this phenomenon were only coined in the 2010s 22 23 24 the practice has been supported by the rape laws in many legal systems throughout history 25 in the late 20th and early 21st century the remaining laws of this type were increasingly challenged and repealed in a series of countries 26 24 as a crime of abduction edit originally in ancient rome rape was a crime defining primarily the act of a male abducting a female without the consent of the man under whose authority she 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