QLD Criminal Law - What is the Legal Definition of r**e for Men?

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soMeRandoM670

Active Member
15 March 2017
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So, I just wanted to seek knowledge regarding my situation. Unfortunately I wasn't educated on the matter when I was younger.

So I'm an autistic male, born on 1992, and when I was in my early 20's, I was put into a situation where I had an unwanted sexual encounter with a female. I explicitly said I didn't want engage in sexual acts with her and she continued when I wanted to withdraw consent.

So my question is - she threatened me that if I told anyone about what she did, she was going use the definition of r**e against me. She led me to believe that I couldn't do anything. So, what I want from this is some help and a new perspective on the laws.

It's been 4 years now and I'm not seeking to do anything about it all. I want to know what my rights are in that situation. The humiliation of being a male was hard for me and I had people telling me how it wasn't r**e because I wanted it. Or why, because I'm a male, I would want turn down "free sex" - that being from both men and women in general - just bad people.

I am unsure what I would have done if I fought back and it got violent.

CRIMINAL CODE 1899 - SECT 349 349 r**e
‘r**e’: the penetrative sexual offence | ALRC
Assault, sexual assault and stalking | Your rights, crime and the law | Queensland Government

Is being forced to penetrate & preform sexual acts be counted in Australia as r**e under criminal law? Or was what happened to me just an unwanted sexual assault and not r**e by law?

Given the links, what I think it's saying is that it's addressing multiple types and the law reform said that it's no longer gender specific because it address that men can be forced into intercourse.

Was there any discrepancies on what I was reading regarding only addressing penile penetration, or was it that she was right and I couldn't have done anything and it was her word against mine and that I was in the wrong? Sadly I had people say that I was somehow.

So, would what's needed? Like, would micro tears on my foreskin be somehow evidence? I know the situation is dire and that it can only prove that intercourse occurred, but not if it was consensual. Do police look for that? Or is there no way for me to prove that I had been forced to preform sexual acts?
 

Iamthelaw

Well-Known Member
13 September 2016
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794
Is being forced to penetrate & preform sexual acts be counted in Australia as r**e under criminal law? Or was what happened to me just an unwanted sexual assault and not r**e by law?
Yes - With Clarification: I'm not overly familiar with QLD. However in Victoria, from what you've said, it sounds like Compelled r**e. Compelled r**e is where:

The accused Intentionally causes another person to sexually penetrate:
- the accused; or
- themselves, or
- a third person, or
- an animal; and

and

The person doing the penetrating (ie, you) does not consent to doing the act of sexual penetration; and

The accused does not reasonably believe that that person consents to doing that act.

You'll need to see if a similar provision applies in QLD.

So, would what's needed? Like, would micro tears on my foreskin be somehow evidence? I know the situation is dire and that it can only prove that intercourse occurred, but not if it was consensual. Do police look for that? Or is there no way for me to prove that I had been forced to preform sexual acts?
What exactly are you seeking to do?
 

soMeRandoM670

Active Member
15 March 2017
5
0
31
So how would I actually be able to find in that?

Thanks, that's big help to know that my situation has been addressed.

Well, I want to know - if I had wanted to take action 4 years ago, is their a way for me to provide evidence?

I just wanted to know, so that if I was in that situation again I know would what I need to do when it happens. For me I don't want pursue this anymore but I want learn from it, so I don't put myself in vulnerable position again and if it does happen, that I can seek action against the person.

But I don't intend to do anything now, as it's something I wanted move on from but not forget. I didn't want to not learn from the experience because if I was able to address and understand what I could have done, then, It be great help to others who are going through the same situation as me or even prevent myself from being in the same situation again.
 

soMeRandoM670

Active Member
15 March 2017
5
0
31
Victoria Crimes Act 1958 - Sect 38
r**e

Is this the specific one you were talking about or is it something else?

It's pretty vague.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Victoria Crimes Act 1958 - Sect 38
r**e

Is this the specific one you were talking about or is it something else?

It's pretty vague.
No - Compelled r**e is contained in Section 39.

However, as previously stated I'm not entirely sure whether a similar provision exists in QLD.

Well, I want to know - if I had wanted to take action 4 years ago, is their a way for me to provide evidence?
The standard route would be to contact the police immediately and provide a statement. Your statement (along with initial phone call to police) would be the the main pieces of evidence. Corroborating that evidence in order to help prove that the offence was committed would involve medical examination/testing - Police procedure would include a physical examination.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Not my area, but here's my take on what the Qld Criminal Code relevantly says. You might want to seek advice from a lawyer who practises in crime (which I don't):

s349 r**e: Involves sexual penetration (genitalia to genitalia; body part to female genitalia/anus; penis to mouth) by a person to another without consent.

s352 Sexual Assault: Procuring another person to commit (or witness) an act of gross indecency without consent - which stops short of penetration.

The difference appears to be: sexual penetration is needed for r**e, anything less than that is sexual assault.

However, what you've described is more likely to be considered "procuring sexual acts by coercion" (s218 of Qld Criminal Code):

- Procuring a person to engage in a sexual act by threats or intimidation;
- Procuring a person to engage in a sexual act by false pretences; or
- Causing a person to take something with intent to overpower them to enable a sexual act to be engaged in.

This includes, but isn't limited to, sexual intercourse. It's a crime with a maximum penalty of 14 years (whereas r**e is life).
 
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soMeRandoM670

Active Member
15 March 2017
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31
Not my area, but here's my take on what the Qld Criminal Code relevantly says. You might want to seek advice from a lawyer who practises in crime (which I don't):

s349 r**e: Involves sexual penetration (genitalia to genitalia; body part to female genitalia/anus; penis to mouth) by a person to another without consent.

s352 Sexual Assault: Procuring another person to commit (or witness) an act of gross indecency without consent - which stops short of penetration.

The difference appears to be: sexual penetration is needed for r**e, anything less than that is sexual assault.

However, what you've described is more likely to be considered "procuring sexual acts by coercion" (s218 of Qld Criminal Code):

- Procuring a person to engage in a sexual act by threats or intimidation;
- Procuring a person to engage in a sexual act by false pretences; or
- Causing a person to take something with intent to overpower them to enable a sexual act to be engaged in.

This includes, but isn't limited to, sexual intercourse. It's a crime with a maximum penalty of 14 years (whereas r**e is life).

Well, thanks it's just very confusing but, yeah I was thinking it only addressed male on female r**e, male on male and not being raped by a female on a male. It does raise a few questions but, I was just wondering if this was something that means that, given same situation if roles were reversed, that I would definitely been able charge for r**e while, because how laws are, I can only press sexual assault charges.

So, I did think I was hoping for that part where it stated lack of consent or B, C was enough to cover but a lot of language used was about how women are being raped and when by looks of it when it comes to what I think it meant when "gender" neutral that it was about the victims of sex being on both men and women but that's like arguing like in America and marriage equality exists as homosexuals have the same choices as straight people to marry the opposite sex. Instead of considering that the actual situation is different.

I did ask a criminal justice law graduate - she specifically looked at those laws for one her essays she had to do. And even she couldn't figure it out.

Given what consent means that it is possible but then it specifies carnal knowledge and that being, something completely. So, maybe I'll be calling up Queensland helplines to better understand what I could have done and to know what it is.

So, I guess, what should I do and what would it mean if it only covers when rapists are only male and not female
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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It does cover female on male r**e, but this is traditionally a much harder case to prove. r**e can be difficult to prove in the first place and can be quite a harrowing experience - especially under cross examination in court - as I believe many female victims will attest.

As for what you should, that's never a question that anyone else can answer for you. While not taking action means a crime potentially goes unpunished, it may not be worth the extra effort and anguish necessary to pursue something that may not eventuate. There a number of factors you need to weigh up for yourself, including:

- What do you hope to achieve? Revenge, justice, peace of mind etc. Be aware that often what we are looking for is not what we find.
- Is there a risk of this person re-offending? In this, you can consider the old saying, "For evil to flourish, all it takes is good men to do nothing."
- Is there sufficient evidence to prove the case? This is more the question for the prosecutor, but it is something to consider for yourself.
- How much time has gone by? Can you account for your delay? The longer you take to come forward, the more questioning you will face as to why you waited.
- Are you prepared to relive the situation, possibly in minute, repeated detail? If this goes to court, the defence barrister will likely make your time on the stand rather uncomfortable.
- Are you prepared to be potentially ridiculed and disbelieved? Female on male r**e is not the norm. Some people believe it is impossible. The unfortunate fact is that you'll likely endure resistance at all stages.

It will ultimately come down to a decision of whether you can see any prosecution through to completion. If you're unable to complete it then there's no point beginning it.

You also need to ensure you get sufficient support around you before you begin, and protect yourself from further harm. There's no point undertaking the process if you end up worse off overall.
 

soMeRandoM670

Active Member
15 March 2017
5
0
31
So, that would be.

Yeah, I tick off all those as it was so long ago, and it was hard enough just to give half the details. And well, the only thing I think could down was if It resulted in any micro tears or that I had any of her DNA on me from sweat.