The age-old controversial debate on whether women can rape men and whether sexual intercourse between a man and his wife can be termed rape will soon come to a conclusion in Jamaican courts, if proposed legislation to redefine the term 'rape' is passed.

Laws governing the offence of rape will soon no longer be gender specific, thereby paving the way for women, where found guilty, to be charged as such, as well as husbands who have committed the act.
Under the Offences Against the Person Act, provisions are currently being made to redefine the term rape, which is currently defined as a man having sexual intercourse with a woman without her consent; knowing she is not consenting; or reckless as to whether she is consenting.

NICHOLSON. gender-neutral concept of the Bill revised on the basis that men and young boys were also exposed to sexual violation

The Act makes it clear that rape is committed by males against females and the Bill now before Parliament, which is expected to set off intense debate, is likely to come up for final attention by year-end.
"Rape, which is now a gender-specific offence, that is, an offence which can only be committed by a male against a female, will thereby become a gender-neutral offence, that is, an offence which can be committed by either male or female and against both male and female," said minister of justice and attorney-general, Senator A J Nicholson in a discussion on the matter in the Senate earlier this year.
Critics of such laws hold that women cannot rape men, because of the necessity for him to secure and maintain an erection, largely seen as a voluntary action.

Statistics for the number of men raped by women are usually hard to come by because it is known that men are loathed to report rapes, given the embarrassment that goes with it.
Anecdotal evidence said cops are known to laugh at men who turn up to report being raped, telling them in some cases they should consider themselves lucky.

But Deputy Commissioner of Police Charles Scarlett said more and more teenage boys were becoming victims of sexual assault.
Although Scarlett did not have figures, he said the proposed amendments would, "if they speak to a crime being committed", be welcome.

"Given what is emerging, where we see more and more teenage boys becoming victims of sexual assault, I see it as quite necessary for some enlightened review of the law to make it easier for crime investigators to carry out their duties," DCP Scarlett stated.
The critics of inclusive rape law also argue that within marriage, sex between a man and his wife cannot be regarded as rape, because of the notion that the husband is entitled to his wife's body.

SIMMS. men will now speak out with the knowledge that the law will protect them

The proposed amendments to the Act include a statutory definition of rape and a definition of sexual intercourse, which will broaden the concepts of sexual intercourse and rape. These revised concepts would include penetrative acts other than penetration of the female sex organ by the male sex organ, which now constitutes sexual intercourse for the purposes of the rape offence.

Nicholson said the gender-neutral concept of the Bill had been revised on the basis that men and young boys were also exposed to sexual violation. Given this reality, they too should be afforded protection from sexual offences, he said.

Senator Nicholson indicated that the rationale for the change was that the invasive acts of penetration set out in the Bill involved a violation of the person equivalent to the violation involved in the existing offence of rape, and likewise, should constitute elements of the offence of rape.

"It is to be noted, however, that the line is drawn between penetrative acts, and non-penetrative acts, the latter being regarded as acts which, although grave, are unlikely to generate the degree of revulsion or degradation associated with penetrative acts," he added.
When revised, he noted, the Act would also address the issue of marital rape.

"In the past, there has been what was regarded as a marital exemption from the commission of the offence of rape," said Nicholson. "Subject only to limited exceptions.the Bill now sets out the circumstances on which a spouse who has sexual intercourse with the other spouse without the spouse's consent will commit the offence of rape."

The clause in the legislation, which will now govern marital rape, is based on the rejection of the view which was once held that a woman was deemed, on marriage, subject to very limited exceptions, to have given her irrevocable consent to sexual intercourse with her husband so that, as a general rule, a husband could not be guilty of raping his wife.

The amendments will take into account exceptions in cases, where "it would be illogical and unreasonable for either spouse to expect that the other spouse would be a consenting party to sexual intercourse. in such cases, therefore, and those cases are set out in the Bill, the offence of rape would be committed by a spouse", Senator Nicholson specified.

Hailing the proposed amendments, gender consultant Dr Glenda Simms argued that "when we change the law and make it gender-neutral, we are getting in the heart of the society".
"It is a very good thing for the amendment to be made. Men will now speak out with the knowledge that the law will protect them," she said.
Simms maintained that it was very sexist for rape to be defined as penetration of the woman's sex organ by the penis. This, she said, did not take into account men being raped. She added that when an object is used in the act, it is a violation of the person, and should also be seen as rape.

"It is an old prerogative of the patriarch that came about when men were having sex with men and they wanted to pretend that it was not happening," she continued, noting that the focus had shifted away from the men and centred solely on the women.

In regards to the amendment of the aspect of the law which deals with a forceful sexual act within a marriage, Simms said that it was very important and necessary, as again the raping of wives was a very common occurrence for men who see their wives as property.
Dr Simms suggested that there was an urgent need for change, saying that even the Anglican Church was now looking at removing the word 'obey' from marital vows as a means of ensuring that the female was seen as equal to the male.

Trousers in Denim

Cream of the 'Crop'

Cheeky's World