For a person to be found guilty of rape within the law in the UK they must be a man. This means that women are excluded from the definition and are unable to be prosecuted for rape, it would fall to a different offence such as sexual assault. This is a double standard within the law as female defendants are not prosecuted in the same way as their male counterparts, this perpetuates the stigma that men cannot be victims of sexual assault. There is a clear presence of gender stereotypes and stigmas surrounding male victims that prevent there being equality within the law.
The statutory definition of 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.
The history of the law on male rape
The biggest obstacle to male rape victims was that “up until 1994 there was no such offence as male rape under English law; rather, the only related crime classification was that of buggery (unconsenting penile-anal penetration)”, and this carried a much lesser sentence than the rape of a woman (maximum of 10 years). Quite literally this separates male rape survivors within society from female survivors and connotes that it is not the same level of injury.
While male on male sexual assault has been included in the Sexual Offences Act 2003, it is argued that society does not “recognize male rape or even male sexual assault if it is committed by a woman”. There is a clear influence of gender roles that interfere with the law on this area as there is the perception that woman cannot be the perpetrator of a sexual offence against a man. There needs to be a reform of this area of law because it does not adequately reflect the reality of sexual offences.
Male victims are overlooked
Statistically women are more likely to experience sexual assault or rape compared to men, however, this has led to an oversight regarding male victims not only within society but also through the law. Although “the number of people prosecuted and convicted for rape has fallen to the lowest level since records began”, because of the oversight in the law no woman can be prosecuted of rape. It is not only in the case of female perpetrators that male victims are overlooked as “up until 1994, UK law did not recognise male on male rape as a criminal offence”, there is a lack of recognition that men can be victims of rape and sexual assault and so leaves them without justice.
Lack of conviction rates
Conviction rates for rape in the UK are extremely low with only “1.7 per cent of rapes resulted in a charge or summons” in 2018. Many rape cases go unreported because victims are discouraged from raising them with the police. Presently, Justice Secretary Robert Buckland “admitted budget cuts were partly to blame for convictions falling to a record low in recent years”, and offered an apology, however, this is hardly the same as offering a much needed reform to the law on rape to enable more reports to be made and further convictions processed.
The stigma surrounding the male rape survivor
Masculinity and gender stereotypes play a role in preventing men and boys discussing their experience. While there should be no shame or stigma attached to a rape survivor, it is undeniable that there is for both men and women. Whether it be line of questioning indicating some self-infliction, i.e. “what were you wearing?”, “why did you flirt if you didn’t intend it to go further?”. “A third of people believe women who flirt are partially responsible for being raped” this is not only a stigma that affects female rape victims as this belief disparages the criminal offence of rape and those who attempt to bring a police report.
It is highlighted that “until recently, very little attention has been paid to male victims of rape and sexual assault in adulthood”, as the negative stigma attached to male victims have oversaturated the necessity to achieve justice. There is a societal pressure on men to uphold an image of masculinity or manliness that does not seem to coexist with the image of someone who has been subjected to rape or sexual assault. “A common theme emerging in treating male rape victims is a lost sense of manliness”, this forces there to be a belief that through coming forward and admitting that they are a rape survivor, for some men, diminishes their sense of masculinity.
There is a disparity in rape cases as 85% of all reports are made by women, only 15% of cases are brought by men, there is a lack of research into the obstacles facing men when reporting rape or sexual assault to the police.
Conclusion
The law on sexual offensives is severely lacking in the UK, shown through inability to convict, issues raising police reports, and an all time low conviction rates. There needs to be a reform to protect both male and female survivors. There is an allowance of rape myths and gender stereotypes to play a part in the governing and influencing rape law in the UK and this provides a dangerous precedent. Women can be rapists, and men can be survivors of assault; the law in the UK is not representative of this fact and therefore does not protect survivors adequately.
If you need to talk please contact Rape Crisis at 0808 802 9999 (Open between 12:00-14:30 and 19:00-21:30 every day of the year). Or visit their live chat helpline. https://rapecrisis.org.uk/get-help/want-to-talk/
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