Timeline for Did UK hospital tell the police that a patient was not raped because the alleged attacker was transgender?
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| Mar 8 at 15:49 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Mar 8 at 13:42 | history | edited | Laurel | CC BY-SA 4.0 |
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| Mar 6 at 19:05 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jul 1, 2023 at 16:06 | history | bounty ended | pinegulf | ||
| Jul 1, 2023 at 16:06 | vote | accept | pinegulf | ||
| Jun 30, 2023 at 7:10 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 29, 2023 at 11:57 | comment | added | Oddthinking♦ | Lots of comments deleted. Reminder to all parties: Follow the Code of Conduct. This is NOT a discussion board. Comments should be about clarifying and improving the answer, not calling into question other users motivations, giving prurient details of crimes, expressing your opinions of different cultures, etc. Basically, don't tell us your opinion; we don't care. | |
| Jun 28, 2023 at 16:00 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 28, 2023 at 14:38 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 28, 2023 at 14:32 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 28, 2023 at 14:27 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 28, 2023 at 8:56 | comment | added | quarague | Both Baroness Nicholson and you in your interpretation of her words use a formulation implying some absolute gender 'a person is female'. I would have reworded the NHS statement as saying: Any person on a female ward self-identifies as female which is the criterion the definition actually uses. | |
| Jun 28, 2023 at 5:10 | comment | added | thelawnet | @WoJ The sentencing guidelines are here for 'causing sexual activity without consent' sentencingcouncil.org.uk/offences/magistrates-court/item/… and here for rape sentencingcouncil.org.uk/offences/crown-court/item/rape This case occurred in N Ireland bbc.com/news/uk-northern-ireland-64919747 and the judge said it was 'female rape' and 'no less serious'. However sentencing guidelines don't reflect this - simple rape is 4yrs prison in E&Wales, and sex w/out consent w/penetration is 2y (what she got) | |
| Jun 28, 2023 at 4:58 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 28, 2023 at 0:12 | history | edited | Laurel | CC BY-SA 4.0 |
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| Jun 27, 2023 at 23:43 | comment | added | Obie 2.0 | Sometimes Britain's laws are quite surprising. In the US, for instance, 10 U.S. Code § 920 - Art. 120 does not limit rape to penises by any means—nor indeed to penetrative intercourse—nor to any particular sex, and most state laws do not either. Similarly, in France, the law against rape in Section 222-23 of the criminal code includes various types of sexual contact in the definition of rape, and Mexico's Article 265 defines rape as penetrative, but not only with penises. Just to give a few examples. Britain is fairly unusual here—one might even say "behind the times." | |
| Jun 27, 2023 at 22:36 | comment | added | Comic Sans Seraphim | @WoJ You are correct- it is. | |
| Jun 27, 2023 at 12:36 | comment | added | WoJ | @thelawnet: yes, I understand that - what surprises me is that a woman forcing a man to have intercourse is charged with 'sexual assault' which seems of a lower weight than 'rape' (though maybe in legal terms this is the same thing and carries the same consequences - I am not a lawyer and not in the UK so rather curious about how this is defined. In France it is quite ambiguous because the sex is never explicitly stated, but the pronoun 'he' is used which indicates a man (and again, not a 100% assurance because we do not have engendered pronouns and the masculine takes precedence)) | |
| Jun 27, 2023 at 12:02 | comment | added | thelawnet | @Woj yes in this case of 'rape' the woman was charged with (but acquitted of) 'causing a person to engage in sexual activity without consent' when she was accused of forcing a man to have sex with her, i.e. rape in plain language dailymail.co.uk/news/article-11262139/… It's not uncommon for people to make misleading statements such as 'women are not capable of raping men' when instead what they mean is 'the legal definition of rape requires a penis'; that doesn't mean it's wrong to refer to it as rape in non-legal contexts | |
| Jun 27, 2023 at 5:46 | comment | added | pinegulf | Very thorough answer. Regarding point 1, might there be some police reports/records? | |
| Jun 26, 2023 at 21:39 | comment | added | Comic Sans Seraphim | @WoJ Correct. She would be guilty of sexual assault instead. Possibly assault by penetration if toys were involved. | |
| Jun 26, 2023 at 21:23 | comment | added | WoJ | The legal definition of rape means it involves a penis. (...) . People who don't have penises can be convicted of rape as accessories or aiders and abbeters. Does this mean that a woman forcing a man to have penetrative intercourse is not guilty of rape under UK law? | |
| Jun 26, 2023 at 16:46 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 26, 2023 at 15:41 | history | edited | thelawnet | CC BY-SA 4.0 |
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| Jun 26, 2023 at 15:34 | history | answered | thelawnet | CC BY-SA 4.0 |