The Law on Rape and its Circumstances
The act of rape is having sex with someone against their will, that is without their explicit or implicit consent, whether it is violently perpetrated or through drugging someone to render them helpless to protest. The act of rape is an abomination in mankind and a major source of grievance by the female members of our species. It is an abnormality in mankind that will naturally be hated by women because it is an act of violent molestation of their bodies and privacy. In Nature there will be a certain proportion of men with the physical and mental abnormality of wanting to rape women who do not consider the well-being of women and may even take pleasure from hurting them through rape. An abnormality is not to be considered natural even if it is part of Nature because it is outside the normal range of behavioural activity. What is the normal range of behavioural activity to be described as a humane act rather than an act of a humanimal within the spectrum of human beings? – that is another question.
The issues surrounding rape and its treatment by the law are however controversial. A grey area of this is when rape is the result of coercion and what the word actually means. A further grey area is when the woman has encouraged it. See this report: http://www.firstpost.com/living/from…ed-269957.html There is therefore a need for fresh discussion of the issues and the enactment of the right laws for action by the police in reported incidents of rape.
One lives in a society which is therefore responsible for its culture that develops so that it is the society’s business whether people go around showing their private parts like their boobs and other sex-related private areas in public. As long as public decency laws have been enacted to reflect society’s concerns men and women have to abide by those rules. Thus society has a duty to consider in Parliament the matter of how much men and women can show their flesh and guide the public into awareness that indecent clothing will be seen as inappropriate conduct.
Specifically, Parliament has to outline the circumstances in which inappropriate clothing by women is viewed as encouraging rape so that the circumstances in which a rapist can go scot free are explicitly clarified.It is a matter of commonsense that despite the fact that there is police and justice system, police should still advice the population to lock their doors and perhaps switch on the burglar alarm when leaving their house to stop criminals succumbing to temptation. For women to protect their bodies from molestation and rape the issue is no different. Even in the UK and other developed countries people should not let their women folk to go out alone in the dark, let alone dress up provocatively even in daylight. Once a woman is raped she will suffer all her life maybe. So why take the risk? Some men have evolved to be highly charged to sights of women especially naked ones and even to thoughts of sex. This is part of biological evolution that has led human beings to all but wiping out biodiversity because of a highly developed sexual behaviour that facilitates reproductive performance. The law must therefore be sympathetic to this reality. So we need to be careful when devising laws to protect women from rape in light of this through correct advice and by the imposition of appropriate judicial processes for the examination of the circumstances of rape and its punishment by the courts. Women should accordingly be advised to cover up their bodies and to stop doing other things that will encourage rape for whatever reason, not wait for a Judge to sentence a rapist to years of jail which is like closing the stable door after the horse has bolted. And the law of the country must make it clear to women that if she does not take precautions of this nature they are in effect encouraging rape so that the rapist may go scot-free from a court of law.
The issue of rape is therefore a matter of justice, which must take into account the mitigating/extenuating circumstances of each case. This post considers if and when the conduct of women makes it necessary to pardon a man from an allegation of the charges of Rape and therefore the circumstances in which it is not considered criminal. This is necessary to ensure that women who entice and lure men do not end up destroying their lives by false charges of rape. It proposes that women should not have the legal right to withdraw their consent to sexual intercourse at the last possible second of a sexual encounter in which they have greatly encouraged the man into sexual foreplay, otherwise we are sowing the seeds of the demise of the human species by an unreasonable legal treatment of the act of rape. Thus, situations in which women have greatly encouraged the act of rape by a man should be treated leniently by society.
The Current Law
So what does the Law currently state and how should it be modified so that it is fair to both men and women. I do not know what the law of any country states right now so I propose the following considerations:
Legal Scenario A:
What society needs to do initially in developing laws on Rape is to pronounce on whether a woman should be given a legal right to change her mind to consensual sex at the last seconds of a sexual encounter when it is apparent that most men will not be able to resist the urge to go through with the act of sexual penetration. Whether these cases should be exempted from the use of the word ‘Rape’ is a matter for the democratic wishes of the society and needs to be considered by the Parliament of advanced countries. For my part, I do not believe that we should use the term Rape to describe this exceptional situation and if the woman complains and brings such a case to Court under Civil laws, the Judge should fine her for
having wasted police and court time. However, I am a democrat first and foremost and so I will be quite happy to live under such a law that makes even such a case of sex unlawful and hence appropriately termed as Enticed Rape, that is treated to be lawful rape.
Legal Scenario B:
Enticed Rape, Premeditated Rape, Circumstantial Rape, Serial Rape & Marital Rape
Enticed Rape: We now consider the case where the woman does have a legal right to change her mind at the last possible second of a sexual encounter before the term ‘rape’ is applied to the intercourse. Obviously, the issue here is one of ‘degrees of rape’, how extenuating/mitigating circumstances are accommodated in the prosecution and punishment for the different degrees (categories of rape). In my view, following on from the circumstances outlined in Legal Scenario A, there are cases where it is unfair to put the blame for a rape entirely on the man and both parties share the blame for the incident.
Let us take a hypothetical/fictional case of a young woman going round only in a bra and bikini cover in a desolate urban street in near a night club in the middle of the night with ‘Come screw me’ written on these clothing, and when someone looking for a prostitute approached her and she initially consented but changed her mind at the last possible second when his penis is highly strung, erect and throbbing to enter the vagina. She has therefore clearly led the man on thereby consented to sexual intercourse. This is an example of forced sex that should not be brought to the court by the state prosecutor. However, since rape by definition is the act of inserting the penis into the vagina at the protest of the woman, the question then arises is how does the law deal with the complaint. The category of Enticed Rape obliges a Judge to use his discretion to pardon the offender if the evidence shows that not only the woman has not been careful enough in her behaviour in public she has shown herself to have actually enticed the rape not through negligence of dress code and other aspects of conduct but to have actively encouraged it over a tipping point for the rape to take place. Cases of date rape in which the woman has agreed to go to the man’s house or a hotel rather than a public place to assess if they are compatible should accordingly be come under the law as Enticed Rape.
Thus, if the woman is partly to blame for a rape encounter and the police/public prosecutor is convinced that this is the case, the prosecution must not be brought to a Judge in the criminal arena as belonging to the Enticed Rape category but a Police Record should be maintained of the allegations. The man should be pardoned for his role in the case and let off with a warning. If the woman brings forth a civil case asking the Judge to award her damages, it should be dismissed and the woman fined for wasting court time. If the same person is brought to court later on a separate charge of rape the court will have access to the Register of Enticed Rapes so that it can decide on the evidence on the character of the man and for sentencing decisions.
Premeditated Rape. There are deliberate forceful and violent rape that should not go unpunished. This should be known as Premeditated Rape for which several years imprisonment should be imposed especially where gun or knife point attack is known.
Circumstantial Rape. But there are also circumstances of unpremeditated rape where the severity of punishment should be much less. These situations arise from the circumstantial encouragement of sex where women have not taken sufficient precautions necessary on dress code, drinking in late night bars and in other kind of company of men, and going out late at night into dangerous areas are unable to succeed in the court when bringing charges of rape on a person. This means that women should know in advance that the law on punishment will be less severe on men who are able to plead that the behaviour of the woman stimulated their sexual desires to tipping point where they lost control of their mind as their sexual urge took over. The act should still be punished as Circumstantial Rape but with a lesser punishment of a perhaps a maximum of 1 year prison sentence.
Serial Rape. There are more serious cases of rape, and these generally result in serial rapes where the man is again completely to blame. Who knows how the mind of a serious serial rapist works: it is warped; sexually overcharged. This is part of the reason why humans became the dominant animal species in the animal kingdom. They cannot help their overcharged sexual needs. If the habit of serial rape persists the court will have to consider castration as the only means in which society can be protected from the individual in addtion to his usual prison sentence, for the behaviour is like a cancer that has to be removed. The court must therefore have public records from which it can determine if a person fitted the criteria for a serial rapist or not.
Marital Rape. Rape in marriage should be treated differently according to whether forced sex has taken place within a Full Marriage or a Partnership Marriage. ( http://shantanup.wordpress.com/2012/09/18/the-case-for-full-marriages-and-partnership-marriages-in-law/) In Full Marriages the concept of Rape does not exist while in Partnership Marriages the circumstances of the incident should be assessed and incidents classified as Enticed Rape, Circumstantial Rape, or Premeditated Rape or Serial Rape, depending on the severity of the offence.
In marriage once the wife has said she wants a divorce the man cannot expect to have sex with her. In Muslim societies they can divorce by just saying ‘Talaak, Talaak Talaak’ (Divorce, Divorce, Divorce) the marriage is over. The man cannot touch the wife after this utterrance. That is the right way to proceed. No sex means, there is no marriage. Once it has been made clear to him that she wants to be free of him the subsequent act of sex will constitute rape, as Circumstantial Rape or even Premeditated Rape depending on the details.
Sex Offenders Register:
If the person is accused of a few such incidents of Enticed Rape (including within Partnership Marriages), his name could be entered in the Sex Offender’s Register so that the public know if such a person is moving into the community and employers can also obtain this data when they take on staff.
Some women can be very fickle not knowing what they really want, some like prostitution, others like ‘bondage’. The Prosecutor must assess these aspects of the circumstances of the complaint of rape.
What if everything was fine and with consent man and woman were engaged in sexual intercourse. If half way through the woman said ‘I am not enjoying this, I want you to stop’ And he does not stop and goes through to his endpoint. Is that Rape too? Human rights purists believe that it should have stopped whether the no is said before or during the act of sex, otherwise it still constitutes as rape. I would personally classify it as Enticed Rape and pardonable by the prosecutor believes from such evidence that the act was totally the woman’s fault. There is also the issue of rape within marriage in which the man will see that he has a legal right to sex in order to gratify his sexual desire and especially to father his own child as a condition of the marriage that has been entered into so that rape is outlawed within marriage unless it was violently perpetrated.
Human right purists however believe that rape even when a woman has changed her mind only half way through sex and within marriage is still not allowable as a fundamental human right of a woman. This means that a man has no right to force a child on woman in any circumstances. The may be concerned that an act of sexual intercourse has turned violent at some point, so that the harmed the woman should have a right to say no when this occurs, and demand the harming party stops the act of sex. This is reasonable but if it does not stop but continues through force, then it is still a case of Enticed Rape. Further, such a case will require a definition of what constitutes violence during a sexual act which is impossible to do. It also explicitly demonstrates that such people think that a woman should have a human right that a man should not be entitled to, namely to parent their own child. Further, they would consider even the raising of such an issue as being beneath contempt. In my idea of the contract of marriage, a husband cannot rape his wife for public prosecution under the law as it would come under the Enticed Rape category in that the wife has invited the husband to have sex with her through the marriage ceremony. This shows that there should be a review of the law on marriage concomitant with a review of the law on Rape and its cirucmstances.
Such objections are nothing more than Political Correctness to maintain the current system. The fact remains that rape does not take place by the consent given in law to the Full Marriage agreement. Other people’s opinions on how these women behave are a prying interference into that contractual arrangement. They should not stick their moral noses in the affairs of those engaged in Full Marriage.
First published in Blog https://shantanup.wordpress.com September 13, 2012 Posted by shantanup | Uncategorized | Leave a Comment | Edit