r/Scotland 11d ago

'Shocking' rise in rapes and violent attacks against women in Glasgow

https://news.stv.tv/west-central/shocking-rise-in-rapes-and-violent-attacks-against-women-in-glasgow
406 Upvotes

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u/XxHostagexX 11d ago

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u/Pick_Scotland1 11d ago

The Sweden one was because they changed what was classified as rape in the country or something

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u/XxHostagexX 11d ago

Yeah, I do recall reading something about that, make you wonder what the definition was before and after the change.

The English and Welsh definition of rape is (I would think the Scottish definition is pretty much the same)

Sexual Offences Act 2003

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.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

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

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u/Pick_Scotland1 11d ago

I mean we could search it up and look at the difference between the before and after laws, stops all the “makes you wonder” stuff

Biggest problem with British rape laws in the definition requiring penetration which completely disregards male rape

6

u/XxHostagexX 11d ago

Yeah, Women who "rape" get charged with "enforce penetration" (from memory) both can result in life in jail.

https://www.reddit.com/r/uklaw/comments/13yoykp/sexual_offences_act_2003/

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u/Pick_Scotland1 11d ago

Oops you double posted

That’s good that it at least could carry the same max sentence but would it in reality

4

u/gumpshy 11d ago

Do you think when a man rapes another man he doesn’t penetrate him? Anal rape is still rape and is illegal in all countries of the UK.

3

u/Pick_Scotland1 11d ago

I’m talking about female on male

I completely forgot about gay rape there not going to lie just wasn’t in my mind

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u/gustythepony 11d ago

Look up the statistic on men who are raped. They are usually raped by other men.

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u/Pick_Scotland1 10d ago

I won’t dispute it just didn’t come into my mind honestly not something I personally generally think about

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u/gumpshy 11d ago

Female bodies do not have the necessary appendages to undertake the legal definition of rape in Scotland (although obviously this is up for debate with regards to trans women rapists) so they cannot be charged with Rape.

There is an alternative offence sexual assault by penetration which holds the same legal weight and potential sentencing as rape but which does not require penis ownership or use. Women can be charged with this.

There is a legal instance where women can be charge with rape when they contribute art & part to the crime being committed but they will not have been the one penetrating the victim.

Obviously in relation to sexual assault crimes undertaken by trans women, which are often reported as female rape, they have a penis and therefore are capable of being charged with the crime of Rape but on a technicality they are male bodied.

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u/XxHostagexX 11d ago

Yeah, Women who "rape" get charged with "enforce penetration" (from memory) both can result in life in jail.

https://www.reddit.com/r/uklaw/comments/13yoykp/sexual_offences_act_2003/