In order to talk about the act of rape, we should first have a definition as to what constitutes ‘rape’. Before 1927, the definition used to be “the carnal knowledge of a female, forcibly and against her will” but it was felt to alienate some victims who did not fit into that mould so it was eventually revised. Jamaica is governed by British law which states that ‘rape’ is “the penetration of another’s vagina, anus or mouth without consent, with the perpetrator’s penis.”
If we are to follow this definition then it means that although a woman can hold down a man and penetrate him with a strap-on, dildo or any similar phallic device, under British law rape itself can only be committed by a man. The law also does not take into account situations where men say that they were forced to engage in sex by the threat of blackmail, violence or by the perpetrator administering drugs to them.
According to a 2010 study commissioned by the Centre for Disease Control and Prevention, 1 in 5 women report having been raped while 1 in 71 men in the United States also made similar reports. The number the experts say is probably higher but because of stigma, shame and fear of ridicule, it is severely underreported, especially for male victims. When questioned one local attorney-at-law said that if a man brought such a claim before him and asked him to pursue it, his advice to the gentleman would be to drop it or change what the charge is. “In Jamaica, it can’t hold up in court. In some other countries yes, but not here as we are governed by common law. The best thing I could advise him to do is file indecent assault charges.”
What this basically means is that for all intents and purposes ‘rape’ is gender-specific and holds that it is something that a man does to a woman or another man (buggery). Under the law, a woman does not have the necessary ‘equipment’ to get that job done. Some may argue that the law is beyond bias and bears an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. Advocates of making rape gender-neutral have an issue with the law simply using ‘penile penetration’ as the standard or condition of rape.
Men have the added burden of existing in a culture that does not believe rape can happen to them
Now when we step away from the legal aspect of it, we have to look at the physiological factor that is involved.
To read more, please purchase a copy of Buzzz Caribbean LifestyleMagazine Vol 11 #3 at any supermarket, pharmacy or book store near you.
Share this post:
Story by Nicola A. Cunningham
In order to talk about the act of rape, we should first have a definition as to what constitutes ‘rape’. Before 1927, the definition used to be “the carnal knowledge of a female, forcibly and against her will” but it was felt to alienate some victims who did not fit into that mould so it was eventually revised. Jamaica is governed by British law which states that ‘rape’ is “the penetration of another’s vagina, anus or mouth without consent, with the perpetrator’s penis.”
If we are to follow this definition then it means that although a woman can hold down a man and penetrate him with a strap-on, dildo or any similar phallic device, under British law rape itself can only be committed by a man. The law also does not take into account situations where men say that they were forced to engage in sex by the threat of blackmail, violence or by the perpetrator administering drugs to them.
According to a 2010 study commissioned by the Centre for Disease Control and Prevention, 1 in 5 women report having been raped while 1 in 71 men in the United States also made similar reports. The number the experts say is probably higher but because of stigma, shame and fear of ridicule, it is severely underreported, especially for male victims. When questioned one local attorney-at-law said that if a man brought such a claim before him and asked him to pursue it, his advice to the gentleman would be to drop it or change what the charge is. “In Jamaica, it can’t hold up in court. In some other countries yes, but not here as we are governed by common law. The best thing I could advise him to do is file indecent assault charges.”
What this basically means is that for all intents and purposes ‘rape’ is gender-specific and holds that it is something that a man does to a woman or another man (buggery). Under the law, a woman does not have the necessary ‘equipment’ to get that job done. Some may argue that the law is beyond bias and bears an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. Advocates of making rape gender-neutral have an issue with the law simply using ‘penile penetration’ as the standard or condition of rape.
Now when we step away from the legal aspect of it, we have to look at the physiological factor that is involved.
To read more, please purchase a copy of Buzzz Caribbean Lifestyle Magazine Vol 11 #3 at any supermarket, pharmacy or book store near you.
Follow the Buzzz on Instagram and Facebook
Share this post: