Siobhan Weare

‘Oh you're a guy, how could you be raped by a woman, that makes no sense’: towards a case for legally recognising and labelling ‘forced-to-penetrate’ cases as rape

The existing legal definition of rape in England and Wales is gendered, only recognising men as offenders. The law also only recognises as victims of rape those who are penetrated by a penis, either vaginally, anally or orally. This therefore excludes the female perpetrator–male victim paradigm, and more specifically those cases where male victims are ‘forced to penetrate’ female perpetrators. This paper argues that consideration needs to be given to legally recognising and thus labelling forced-to-penetrate cases as rape. Applying a methodology that draws upon the lived experiences of male victims, it is argued that there are significant similarities between compelled-penetration cases and those cases legally recognised as rape, not only because they both involve non-consensual penile penetration, but because there are clear similarities in the aggressive strategies used by perpetrators and the subsequent harms experienced by victims.

From Coercion to Physical Force: Aggressive Strategies Used by Women Against Men in “Forced-to-Penetrate” Cases in the UK

Abstract“Forced-to-penetrate” cases involve a man being forced-to-penetrate, with his penis and without his consent, a woman’s vagina, anus, or mouth. This article presents the first quantitative and qualitative research findings regarding such cases in the UK, exploring aggressive strategies used by women, as reported by 154 men who experienced them. The most frequently used strategies include coercion, taking advantage of men’s intoxication, and the use of force and threats of physical harm. Novel evidence is presented of women combining multiple strategies within the same incident. The article also argues that some of the strategies used by women are particularly “gendered,” with them taking advantage of their roles as women. The findings presented here raise questions for criminal justice professionals working in the area of sexual violence, as well as highlighting the need for future research.