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when gender blinds us to sex

(217 Posts)
petunia Sun 24-Oct-21 08:48:21

Priti Patel has stated that no longer will trans women's crimes be recorded as a woman's crime. How can public services plan and organise if the data they have is not accurate? In the piece in the Mail today, this was said

“In law, only a male can commit rape, but analysis by Professor Alice Sullivan of University College London shows that between 2012 and 2018, a total of 436 people prosecuted for rape were recorded as women”. This is clearly bonkers!

By recording the crime of rape as committed by a woman, crime figures are skewed. Between 2012 and 2018 we did not suddenly have several hundred women on the streets attacking and raping other women. We had 436 men raping women. But the police and justice system chose, in an effort to be inclusive and putting ideology before biology, to record those crimes as women's crimes. We also had 436 women who probably had to use female pronouns to describe their rapists actions. Of those transwomen convicted and given a prison sentence, how many talked their way into a female prison?

Most of the time it doesn't really matter how an individual identifies. Until suddenly it does matter.


If you have some time on your hands, this series of podcasts on BBC Sounds gives some explanation as to how we got so bemused between sex and gender

www.bbc.co.uk/sounds/play/p09yk1fy

Summerlove Sun 24-Oct-21 19:44:55

I do not equate a man feeling forced into sex in a relationship with the forceable rape of a woman

Why not?

Are men not able to say no as a woman is?

What about When a man rapes a woman in a relationship? Is that different than when a woman is forcibly raped by a stranger?

American link or not, rape is rape. Or at least it should be.

You’ll notice I did say at the beginning that my comment wasn’t aside from the original discussion and therefore had nothing to do with prison sentences. Or to do with trans men/trans women.

The legal definition of rape should be updated.

FarNorth Sun 24-Oct-21 19:56:25

Has it actually happened? Do women say they are men so that they can rape other women in the same way as some men claim they are women so they can get away with raping them?

No they don't because, at the very least, women would have to go through a time-consuming procedure to get an artificial penis.
There are not millions of women walking around with that potential weapon readily available to them, as there are men.
There are also not large numbers of women carrying out sexual assaults, going by official statistics, so it's unlikely that rape would become a common crime by females even if all females were issued with an artificial penis tomorrow.

Iam64 Sun 24-Oct-21 19:58:20

I’m aware that women sexually abuse children. The last research I read confirmed, it’s more likely for this to happen alongside a male perpetrator.
Three women a week are murdered by men, mostly be men they are or have been in a relationship with.
Women are much more at risk of violence, including sexual violence from men, than men are from women.
The trans issues are highly significant to this

Threads meander, no problem with that but, Summerlove, perhaps a new OP of female sex offenders is something you’d like to start.

Smileless2012 Sun 24-Oct-21 22:13:32

No worries Rosie Mr. S. was rather surprised thoughgrin.

VioletSky Sun 24-Oct-21 22:24:45

It doesn't make sense to me to say women aren't capable of rape, they are capable of physical abuse and when it comes to emotional abuse, it has been speculated that actually women are worse than men.

I think that for crime stats to be properly reported then it is important.

Smileless2012 Sun 24-Oct-21 22:40:01

Whether or not we believe it makes sense, the legal definition of rape means that it's not something a woman can do.

VioletSky Sun 24-Oct-21 22:41:10

Laws can and do change so its not set in stone forever

Smileless2012 Sun 24-Oct-21 22:42:23

But that's what the law as it stands does say.

VioletSky Sun 24-Oct-21 22:45:13

If no one ever questioned anything, nothing would ever change

Smileless2012 Sun 24-Oct-21 22:51:57

Rape cases are notoriously difficult to result in convictions as it is. Broadening what constitutes rape over and above what the law currently defines it as would in all probability make it even more difficult.

Intent for example; was the intention to rape or sexually assault.

Mollygo Sun 24-Oct-21 22:58:05

The law changing wouldn’t alter biology no matter how it was phrased.
I agree about questioning.
If we didn’t question why some people are determined to allow males even those who have raped women or who claim they are women into female spaces, this would continue to happen unprevented. As it is, people questioning the appropriateness of behaviour like that is beginning to make a difference.

VioletSky Sun 24-Oct-21 22:58:09

Hmm, not sure about that one because I also think that if a man inserts something else other than his penis then that is rape too and what the woman would feel is the same so the punishment should be the same.

Yet if rape were categorised solely as something that could result in pregnancy (as an example) then a woman could be guilty of that too.

I don't know and must admit it's not something I've really ever wanted to think about but if a person feels violated sexually then surely that must be rape.

trisher Sun 24-Oct-21 22:58:53

Smileless2012

Rape cases are notoriously difficult to result in convictions as it is. Broadening what constitutes rape over and above what the law currently defines it as would in all probability make it even more difficult.

Intent for example; was the intention to rape or sexually assault.

I actually disagree with this. I think the way the law currently describes rape makes it purely an offense of men against women. I think extending the definition would further the reality that rape is nothing to do with sex but is a demonstration of power and that power can be anyone dominating another person by penetrating their body with anything, a body part or an implement

Chewbacca Sun 24-Oct-21 23:16:10

if a person feels violated sexually then surely that must be rape.

You really need to research what rape is, in legal terms.

VioletSky Sun 24-Oct-21 23:19:50

No, I really think the legal parameters need to change

Chewbacca Sun 24-Oct-21 23:21:02

Then you'd be wrong.

VioletSky Sun 24-Oct-21 23:21:46

No, we just don't agree

FarNorth Sun 24-Oct-21 23:42:47

I think extending the definition would further the reality that rape is nothing to do with sex but is a demonstration of power and that power can be anyone dominating another person by penetrating their body with anything, a body part or an implement

There is something particularly repulsive about a man using his penis, presumably with sexual excitement, in this way.
It is not the same as the other revolting crimes mentioned and should remain as a separate category, in my view.
Those other crimes, tho, should be seen as similarly serious and should be subject to a similar level of punishment.

Rosie51 Sun 24-Oct-21 23:47:17

I think the way the law currently describes rape makes it purely an offense of men against women then you'd be wrong. The act of rape is the penetration of a vagina, anus or mouth by a penis without the consent of the other party. Men can be anally or orally raped. Not having a vagina (despite some transwomen's assertions) men can not be vaginally raped.

VioletSky Sun 24-Oct-21 23:48:20

Similar levels of punishment would certainly be a a good start.

My problem is that you know, the word "rapist" has power, it shows clearly that human being is disgusting. Beyond contempt. If a woman forces sex on a man, she is a what?

Chewbacca Sun 24-Oct-21 23:51:32

Those other crimes, tho, should be seen as similarly serious and should be subject to a similar level of punishment.

They carry a far less custodial sentence though FarNorth as they're classified only as Assault by Penetration. Grim isn't it?

Doodledog Sun 24-Oct-21 23:57:51

VioletSky

Similar levels of punishment would certainly be a a good start.

My problem is that you know, the word "rapist" has power, it shows clearly that human being is disgusting. Beyond contempt. If a woman forces sex on a man, she is a what?

A rarity?

Chewbacca Mon 25-Oct-21 00:02:24

grin like hen's teeth!

VioletSky Mon 25-Oct-21 00:04:22

Have you really thought that comment through doodledog because this issue is not... Its not a small thing to be made light of no matter how few the victims, it's painful and devastating and deeply concerning.

Women still don't get heard or believed, still are too afraid to come forward. Do we really want men to feel that way too or to fight for progress and just leave them to suffer in silence?

Bed time for me.

trisher Mon 25-Oct-21 00:09:35

Rosie51

^I think the way the law currently describes rape makes it purely an offense of men against women^ then you'd be wrong. The act of rape is the penetration of a vagina, anus or mouth by a penis without the consent of the other party. Men can be anally or orally raped. Not having a vagina (despite some transwomen's assertions) men can not be vaginally raped.

Sorry I think I didn't explain this quite clearly enough. I think it is the way the law is perceived that makes it appear as an offence of men against women and links it to sex, which in the long run means that discrimination and judgement is involved from the start. Legally redefining it would I think bring more equality and might move it from some of the historic prejudices it carries.
I do realise men are raped as well.