Can a woman rape a man?Sexual Offences Act 2003 seems to be contrary to that assumption, non? Take a look.?

Question

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.
...
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

I do not believe women have penises, at least not for the purposes of this law, perhaps.

However:

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, ...

This may mean that a woman can assault a man in such a way that would be "commonly" called "rape", but not just by having sex with him.

I do allow for the possibility, however, that "female rape" offence may exist in common law (created by judges) Is there any evidence?

I have started reading your answers and feel compelled to note that your opinion is what does not matter. Law is not a matter of little known facts or obviousness and if you think so, that is a great shame. My question relates particularly to the statute bits of which I took care to provide. It’s statement is clear and not subject to opinions. :-)

Ha-ha. And no, I have not been raped, I have an intellectual interest in law.

eriverpipe, thank you.

++

I think one is forced to conclude that only women can be victims of rape, and only men can be rapists. Although one can also dispute whether or not sexual assault can sometimes be equal to rape. For legal purposes, however, a man cannot be raped by a woman using the standard definition of rape within the statute (law). Thank you everyone.

(Not that that matters much, sexual assault of that kind will still probably get you a life in prison)

Phil McCracken: thank you, Phil. That is indeed a "good" case, although it was assault and murder and such on her part, not rape. But the distinction is only linguistically relevant, quite clearly.

Answer 1

A woman can not be convicted of rape because the statute clearly states it must be committed by a penis. However a woman can be convicted of aiding, abetting, counselling or abetting (i.e. an accessory) a rape, and by virtue of flukes of the law will therefore be convicted of rape as well.

A woman can commit assault by penetration, since the "he" referred to should be disregarded and taken include "she", a woman can therefore commit it if she penetrates a man or a woman with something. I believe you have already said, it is almost the same offence, it seems a purely semantic point to me - for some reason it is not allowed that women can be called rapists (subject to what i said above). The question poses one of the common complaints of the Act, vast majorities of the offences overlap, or there is no real reason for them.

Answer 2

Rape need not necessarily require penetration to be considered under this legislation. The law is 9/10ths word and 1/10th common sense. It is written to define paramenters for a judge to form an Opinion on the merit of the arguments before the court.
So yes a woman can rape a man using an instrument (strap-on or whatever) or by forcing the male to perform an act to which he objects. They can also be charged under this act if they incite others to do the raping, or by failing to act to prevent the rape of another.
Men on the whole however are not generally the victim of rape. Women also rape other women and some men rape other men. We live in a sick world for sure

Answer 3

A woman can indeed be charged with rape in England, notably Rose West, serving life for rape and murder. Okay, her victims were all women, but the point is she participated in their rape with her husband. It is possible for a man to rape a man, so if a woman assisted in that, then yes, she would be guilty of raping a man.

EDIT - woman raping a man - this is sexual assualt, if he is not penetrated. The victim must be penetrated by an attacker to be defined as rape. This may not necessarily be a penis, but any part of the body, a foreign object, or parf of someone else's body (in the case of Rose West, she assisted in helping her husband penetrate her victims against their will)

Answer 4

I'd have thought this a pretty tasteless question, except I thought, maybe it's happened to you?
I guess the point is, if it feels like someone has raped you, then they probably have whether you're male or female.
And despite what some people on here may think, most male rapists do get away with it as there is that fine fine line that we know does exist, but in law there's a grey area. That grey area means that many people just live with it, learn from it unfortunately. Law should be there to protect, but sometimes it's just a bit of a cruel world.
Sorry, feeling mellow this eve.

Answer 5

1) You are correct that in the UK within the word of the law then theoretically rape by a female of a male is not covered, however as you also say, common law, or a charge of assault would be brought instead...
2) I'd just like to say that the answer from 'Saint Vee Of New York' is the most irresponsible, inaccurate and distasteful piece of claptrap I've seen on YA in a while (and God Knows, there's a lot of competition for that 'honour')

Answer 6

YES a woman CAN rape a man. A little known fact is that it does NOT MATTER who is penetrated, NOR DOES IT MATTER that the attacker is the one penetrated. A common physical reaction to fear is an erection. Put a gun to a man's head and frequently, he'll get an erection out of pure fear. Ask any doctor about this and they'll confirm it. I shouldn't have to spell the rest of it out.... BUT, there are other scenarios as well. You don't have to penetrate with a penis. You can penetrate with your hands or various inanimate objects as well. It is not uncommon that men are anally raped by women.

Answer 7

Technically no, but under section 4 subsection 4 c, she can be found guilty of 'Causing a person to engage in sexual activity without consent', and if this involves her causing him to penetrate her with a part of his body, carries the same maximum sentence.

Answer 8

I have awakened many times and had a woman riding me like a pony I said stop and they wounldn't.

Just kiddding I was dating these women 1 at a time mind you, I'd be excited and they'd hop on. I not sure how it would go into todays world things have changed, it was weird thought I would be alseep and wake up with a woman riding me.

Ohh those were the days.

Answer 9

A lad from college was telling me that his mate got his drink spiked by a girl, she took him to her bedroom, "fiddled" around and then had sexual intercourse with him.. he tried to get her off but he was so out of it he didn't have the strength.
Women can rape men but it isn't classed as rape as the erection wouldn't occur if the man didn't "want it" although we get them in the morning it doesn't necessarily mean we want it..

Answer 10

yes, a woman can rape a man. The world is not fair, anybody tries to tell you different, stay way from them!